Originally Posted by Malign0n

We’ve got some constitutional lawyers up here. The case before the Supreme Court is over whether the Trump Administration followed the Administrative Procedures Act not whether DACA is constitutional.

The memorandum creating DACA was a DHS memo issued by Janet Napolitano exercising the department’s discretion to prioritize immigrants subject to removal and applying deferred action to those who may qualify (DACA guidelines). The guidelines are broad and some may argue creates a TPS style immigration benefit, but the department exercises discretion on a case-by-case basis for a period of two years. Only upon an individual still meeting the guidelines can they apply for an extension of deferred action. The INA and US Code doesn’t mention deferred action by name but is implied as an executive branch power of the DHS secretary/Attorney General.