San Diego Law Review


Tory E. Smith

Library of Congress Authority File


Document Type



This Comment compares DACA to administrative case closure and argues that Congress or the President should grant employment authorization to individuals whose cases have been administratively closed. Part I describes the current interpretation of the employment authorization regulation and provides the background of administrative case closure. Part I highlights the disparate treatment that the regulation affords to undocumented immigrants facing deferred action and administrative closure—offering employment authorization to only deferred action recipients. Part II examines the history of deferred action in immigration cases and uses DACA as a framework to show how the scope of the employment authorization regulation should extend to encompass administrative case closure. Part III analyzes the policies and logic underpinning deferred action and administrative case closure, arguing that case closure falls under the realm of “administrative convenience” and should receive equivalent treatment in light of DACA. Part IV then offers two solutions, proposing that the President extend DACA to cover case closure or that Congress amend the regulation.