On November 1, the U.S. Supreme Court added twenty extra minutes for oral argument in the case Department of Homeland Security v. Regents of the University of California. Under Supreme Court Rule 28, each side is allowed 30 minutes to make their arguments, but the court has the authority to lengthen that time. In this case, the solicitor general will have 40 minutes to argue while the lawyers for the private parties and for the state officials on the other side will have 20 minutes each.
The case involves whether the U.S. Department of Homeland Security (DHS) lawfully ended the Deferred Action for Childhood Arrivals (DACA) program. The DACA program protected certain individuals residing in the United States without legal permission from deportation and allowed them to go to school and work.
DHS argues that ending DACA was within its discretionary authority and that the Obama administration violated Administrative Procedure Act (APA) procedures and U.S. immigration laws in creating the program. Those who oppose how DHS ended DACA argue that the agency did not follow proper APA procedures and violated the rights of DACA beneficiaries.
The U.S. Supreme Court scheduled argument in the case for November 12.