Supreme Court Affirms DACA; Decision Upholds an NAHB-Supported Legal Precedent

Legal
Published

The U.S. Supreme Court today ruled that the federal government’s decision to rescind the Deferred Action for Childhood Arrivals (DACA) policy is subject to judicial review. This means that roughly 700,000 “Dreamers” (undocumented immigrants brought to the U.S. illegally as children and who grew up knowing America as their only home) can continue to reside and work legally in the United States.

This case follows a line of recent opinions where the Supreme Court has held that government actions that impact private interests are eligible for judicial review, and represents an important victory for NAHB members.

In this case, the Supreme Court held that the administration failed to adhere to the Administrative Procedure Act when it sought to rescind the DACA policy. In 2012, the Obama administration, through a memorandum issued by the U.S. Department of Homeland Security, announced its intention to forego deportation proceedings against a class of Dreamers – people who were brought to the U.S. illegally as children. A number of DACA recipients are involved in the construction industry and DACA recipients also participate in NAHB’s student chapters, especially in California and Texas.

NAHB, with its coalition partners, provided an amicus brief to the Supreme Court, arguing that private entities should be able to challenge federal agency action in court when those actions impact their interests. Without broad-based judicial review, NAHB’s members would be unable to challenge many agency actions that adversely impact them. The brief also explained the importance of the immigrant workforce to the construction industry.

The cases under consideration at the Supreme Court were all in the early stages of litigation, and the high court has now returned those opinions to the lower courts for consideration.

For more information, email [email protected].

Subscribe to NAHBNow

Log in or create account to subscribe to notifications of new posts.

Log in to subscribe

Latest from NAHBNow

Economics

Sep 17, 2025

Housing Starts Remain Soft Ahead of Fed Meeting

Overall housing starts decreased 8.5% in August to a seasonally adjusted annual rate of 1.31 million units, according to a report from the U.S. Department of Housing and Urban Development and the U.S. Census Bureau.

PWB Week | Professional Women in Building Council

Sep 16, 2025

Tradeswomen Paving Their Own Way

NAHB spoke with Professional Women in Building (PWB) members Elyse Adams and Brittney Quinn about their career paths in the trades and how PWB has positively influenced their journeys.

View all

Latest Economic News

Economics

Sep 17, 2025

The Fed Cuts and Projects More Easing to Come

After a monetary policy pause that began at the start of 2025, the Federal Reserve’s monetary policy committee (FOMC) voted to reduce the short-term federal funds rate by 25 basis points at the conclusion of its September meeting. This move decreased the target federal funds rate to an upper rate of 4.25%.

Economics

Sep 17, 2025

Housing Starts Remain Soft Ahead of Fed Meeting

Challenging affordability conditions continue to act as headwinds for the housing industry, but the sector could see lower interest rates in the near future with the Federal Reserve expected to cut short-term interest rates this afternoon.

Economics

Sep 16, 2025

Builder Confidence Steady but Future Sales Expectations Hit Six-Month High

Builder sentiment levels remained unchanged in September but lower mortgage rates and expectations that the Federal Reserve will soon cut the federal funds rate led to higher future sale expectations in the coming months.