Worth remembering that the original DACA program was NEVER ruled unlawful by a court. DOJ declared it illegal after threatened with a lawsuit
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This isn’t really the argument, though. The argument is that INA doesn’t require DACA, so therefore DHS has unreviewable discretionary authority to rescind it. The argument that DACA is inconsistent with INA, so therefore DHS originally acted illegally, can simultaneously be true
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