OCTOBER TERM, 2019
NOTE: Where it is feasible, a syllabus (headnote) will be released, as is
being done in connection with this case, at the time the opinion is issued.
The syllabus constitutes no part of the opinion of the Court but has been
prepared by the Reporter of Decisions for the convenience of the reader.
See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337.
SUPREME COURT OF THE UNITED STATES
DEPARTMENT OF HOMELAND SECURITY ET AL. v.
REGENTS OF THE UNIVERSITY OF
CALIFORNIA ET AL.
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR
THE NINTH CIRCUIT
No. 18–587. Argued November 12, 2019—Decided June 18, 2020*
In 2012, the Department of Homeland Security (DHS) issued a memo-
randum announcing an immigration relief program known as Deferred
Action for Childhood Arrivals (DACA), which allows certain unauthor-
ized aliens who arrived in the United States as children to apply for a
two-year forbearance of removal. Those granted such relief become
eligible for work authorization and various federal benefits. Some
700,000 aliens have availed themselves of this opportunity.
Two years later, DHS expanded DACA eligibility and created a re-
lated program known as Deferred Action for Parents of Americans and
Lawful Permanent Residents (DAPA). If implemented, that program
would have made 4.3 million parents of U. S. citizens or lawful perma-
nent residents eligible for the same forbearance from removal, work
eligibility, and other benefits as DACA recipients. Texas, joined by 25
other States, secured a nationwide preliminary injunction barring im-
plementation of both the DACA expansion and DAPA. The Fifth Cir-
cuit upheld the injunction, concluding that the program violated the
Immigration and Nationality Act (INA), which carefully defines eligi-
bility for benefits. This Court affirmed by an equally divided vote, and
*Together with No. 18–588, T