Professor Zach Price Cited by EDNY Judge Garaufis in DACA Decision

Professor Zachary Price’s SCOTUSblog post was cited by Judge Nicholas G. Garaufis in a footnote of a Memorandum & Order in the Deferred Action for Childhood Arrivals (DACA) case of Vidal v. Nielsen pending in the Eastern District of New York.

As part of his preliminary injunction order, which requires the administration to resume processing renewal requests under the DACA program until the full case is resolved, Judge Garaufis writes:

“Some academic commentators have offered interesting arguments as to why courts should review deferentially Defendants’ decision to end the DACA program. See, e.g., Josh Blackman, Understanding Sessions’s Justification to Rescind DACA, Lawfare (Jan. 16, 2018, 8:00 AM), (arguing, based on an “admittedly charitable” reading of the Sessions Letter, that Regents erred by, among other things, failing to consider how the Attorney General’s independent duty to defend the Constitution supported his decision to recommend ending the DACA program); Zachary Price, Why Enjoining DACA’s Cancellation Is Wrong, Take Care Blog (Jan. 12, 2018), (arguing that “[i]nsofar as DACA was simply an exercise of enforcement discretion, any explanatory burden with respect to its reversal must be minimal”).”

Here is the Court’s full decision.