Is the Rescission of Deferred Action for Childhood Arrivals (DACA) Justified by the Results of Cost-Benefit Analysis?

On September 5, 2017, Attorney General Jeff Sessions announced the rescission of the Deferred Action for Childhood Arrivals program (“DACA”). The program was created in 2012 and it has been evaluated as an overall success. Members of both political parties and business leaders have criticized its rescission. In light of this controversy, what are the benefits and costs associated with the rescission of DACA? This article argues that the Trump Administration’s rescission of DACA is not justified based on three different accounts of a cost-benefit analysis. First, it evaluates the manner in which the Trump Administration’s decision was made, targeting how it was implemented (namely, its procedural terms), and how it increased litigation, uncertainty, and the lack of uniformity within immigration law generally. Second, it assesses the costs and benefits of the policy decision, focusing on the substantive effects of the rescission. Third, it examines the rescission using the normative approach of cost-benefit analysis, arguing that this method should not discount moral considerations