New York District Court Issues Nationwide Injunction against DHS Rescission of the DACA Program

In Batalla Vidal v. Nielsen and New York v. Trump, the United States District Court for the Eastern District of New York issued a nationwide preliminary injunction ordering the government to maintain the DACA program on the same terms and conditions that existed prior to the September 5, 2017 rescission. The District Court found that DHS rescission of the DACA program violated the prohibition under the federal Administrative Procedure Act against “arbitrary and capricious” action by a government agency.