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Government,
Constitutional Law

Jan. 4, 2021

Invalid appointments and the restoration of DACA

Unless Congress provides otherwise, most federal vacancy appointments are governed by the Federal Vacancies Reform Act.

Ethan D. Dettmer

Partner
Gibson, Dunn & Crutcher LLP

Phone: 415-393-8200

Email: edettmer@gibsondunn.com

Univ of Michigan Law Sch; Ann Arbor MI

Suria M. Bahadue

Associate
Gibson Dunn & Crutcher LLP

Email: sbahadue@gibsondunn.com

Matthew S. Rozen

Associate
Gibson Dunn & Crutcher LLP

After long uncertainty, the Deferred Action for Childhood Arrivals, aka DACA, program has finally been restored to its original terms.

In the wake of the U.S. Supreme Court's decision in June that the Department of Homeland Security's rescission of DACA was arbitrary and capricious under the Administrative Procedure Act, many Dreamers who had become eligible during the pendency of the litigation applied to the program for the first ...

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