US District Judge William Alsup in California on Tuesday ordered [text] the Trump administration to turn over emails,
letters, memoranda, notes, media items, opinions and other materials directly or indirectly
considered in the final agency decision to rescind [press release] the Deferred Action for Childhood Arrivals (DACA) [USCIS materials] program.
The plaintiffs successfully illustrated that defendants excluded highly relevant materials from the administrative record, rebutting the presumption that the record is complete. The defendants responded by saying that only select documents that Acting Secretary Duke personally reviewed need to be a part of the administrative record. The court rejected the government’s argument, stating that this would create a detrimental rule where
government counsel advocates would allow agencies to contrive a record that suppresses information actually considered by decision-makers and by those making recommendations to the decision-makers, information that might undercut the claimed rationale for the decision.
The court concluded that any materials reviewed by the Acting Secretary used in reaching her decision to end DACA must be admitted to the administrative record for review by October 27.
The Trump administration’s decision to disband [CNN report] DACA could affect nearly 800,000 young undocumented immigrants. No new undocumented immigrants may register under DACA, and the immigrants whose DACA documents were about to expire had to renew by October 5, 2017. According to the administration’s press release, current DACA recipients generally will not be impacted until after March 5, 2018, which will give “Congress the opportunity to consider appropriate legislative solutions.”