The US Supreme court on Wednesday blocked [text, PDF] the district court’s decision [text] to force the Department of Homeland Security (DHS) to turn over more documents regarding former Secretary John Kelly’s [official website] determination to rescind the Deferred Action for Childhood Arrivals (DACA) [official website].
The per curiam opinion states that the district court erred when it ordered further delivery of the documents and first needed to “resolve the Government’s threshold arguments (that the Acting Secretary’s determination to rescind DACA is unreviewable because it is ‘committed to agency discretion,’ 5 USC §701(a)(2) [text], and that the Immigration and Nationality Act [text] deprives the District Court of jurisdiction).”
In other words, the district court must first determine if the decision to remove the DACA is exclusively under the authority of DHS and not subject to review by the court.
The Supreme Court also noted that the document request, which included “all DACA-related materials considered by persons (anywhere in the government),” would likely need to be restricted.
DACA, established in 2012, allows some immigrants who reside in the country illegally to receive a renewable two-year period of deferred action from deportation and become eligible for a work permit.
The case is now remanded to the district court for further proceedings.