What You Need To Know As 9th Circ. Hears DACA Challenge

What You Need To Know As 9th Circ. Hears DACA Challenge

May 11, 2018, Law360

Alexander Berengaut and Jeffrey Davidson are quoted in a Law360 article regarding upcoming oral arguments related to the DACA challenge in which Covington represents the University of California. “Our case and its companion cases in other districts aren't about politics but, again, based on the law of how government decisions are supposed to be made,” says Berengaut.

According to Davidson, the Administration acted arbitrarily and capriciously in deciding to end the program, which is prohibited by the APA. The APA requires the government provide notice and solicit public comment on most types of administrative decisions, which the Administration failed to do in terminating DACA, he says.