National Association for the Advancement of Colored People v. Trump, Civil Action No. 17-1907 (JDB) (D.D.C.), consolidated for decision with Trustees of Princeton University v. United States, No. 17-2325 (JDB). On April 24, 2018, Judge Bates issued a memorandum opinion reported at 298 F. Supp. 3d 209.
He held that the court had jurisdiction and that the Department of Homeland Security’s September 5, 2017, decision to rescind Deferred Action for Childhood Arrivals was reviewable under the Administrative Procedure Act. He concluded the rescission was arbitrary and capricious because DHS “failed adequately to explain its conclusion that the program was unlawful.” The opinion states that neither the “meager legal reasoning” nor the “assessment of litigation risk” was sufficient to sustain termination of the program.
The remedy was vacatur and remand. Vacatur, the opinion said, meant DHS must accept and process new as well as renewal DACA applications. Bates stayed the vacatur for ninety days to let the agency offer a fuller explanation. The Daily Wire reported the order the same week. An APA vacatur is not a criminal conviction and is not the later Supreme Court decision in Department of Homeland Security v. Regents of the University of California (2020), a different caption.