The University of California today filed suit in federal court against the Trump administration for wrongly and unconstitutionally violating the rights of the University and its students by rescinding the Deferred Action for Childhood Arrivals, or DACA, program on “nothing more than unreasoned executive whim.”
The lawsuit filed in the Northern District of California against the Department of Homeland Security (DHS) and its acting secretary, Elaine Duke, is the first to be filed by a university seeking to stop the Trump administration’s recently announced decision to end the DACA program, which has allowed nearly 800,000 undocumented young people to legally live, work and study in the United States.
UC President Janet Napolitano, who was secretary of DHS from 2009 to 2013, created the DACA program in 2012, setting in place a rigorous application and security review process.
Applicants for DACA were only approved if they were in or had graduated from high school or college, or were in the military, or an honorably discharged veteran. They cannot have been convicted of a felony or major misdemeanor or otherwise pose a threat to national security or public safety.
“Neither I, nor the University of California, take the step of suing the federal government lightly, especially not the very agency that I led,” Napolitano said.
“It is imperative, however, that we stand up for these vital members of the UC community,” she said. “They represent the best of who we are — hard working, resilient and motivated high achievers. To arbitrarily and capriciously end the DACA program, which benefits our country as a whole, is not only unlawful, it is contrary to our national values and bad policy.”
The lawsuit asks the court to set aside the Trump administration’s rescission of DACA because it is “unconstitutional, unjust, and unlawful.”
“As a result of the Defendants’ actions, the Dreamers face expulsion from the only country that they call home, based on nothing more than unreasoned executive whim,” the complaint reads.
“The University faces the loss of vital members of its community, students and employees. It is hard to imagine a decision less reasoned, more damaging, or undertaken with less care. … Defendants’ capricious rescission of the DACA program violates both the procedural and substantive requirements of the APA (Administrative Procedure Act), as well as the Due Process Clause of the Fifth Amendment.”
UC has approximately 4,000 undocumented students, a substantial number of whom have DACA, as well as teachers, researchers and health care providers who are DACA recipients.
The lawsuit was filed with the pro bono support of the law firm Covington & Burling, LLP.
As today’s legal action demonstrates, UC continues to take a leadership role in protecting its DACA and other undocumented students. The university is committed to using all available resources to support the thousands of Dreamers who are currently enrolled at UC campuses, as well as other undocumented students. Those resources and services include:
Continuing to allow California residents who are Dreamers to pay in-state tuition; maintaining the DREAM loan program for financial aid; offering legal services to our undocumented students; supporting campus-based student service centers; and directing campus police not to contact, detain, question or arrest individuals based on suspected undocumented status, or to enter agreements to undertake joint efforts to make arrests for federal immigration law violations.
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33 Comments
Oh brother, what next?
Good luck with that. Dumbass
Socialists
Worse than Socialists. Anarchist, Leftist, Lawless Animals.
First, overpaid Chancellors, now this!!!
Yup.
This word ??ILLEGAL??
https://www.facebook.com/DMLdaily/videos/1701973276508789/
Please stop posting this on the SCV site….. Cal system is quickly becoming a laughing stock.
Not sure where the relevancy to our community is in these stories….. which there have been several now.
Its the people not the system. People dont get fame or attention for pushing paper or making copies….
This really is NUTS!!
Go UC!
How more unlikable can you get? Can NK or ISIS do us all a favor and make chump disappear? Please?
The UC and CSU systems are supposed to cater to legal California residents, not residents of other states, nations, and definitely not those in the USA illegally. But politics and money have ruined that, like pretty much everything else worth while anymore.
Besides the fact that Obama made this a temporary fix, knowing full well that someone else would have to deal with it. Remind me again why someone can sue over illegals’ rights??!?
Fear of losing tuitions… money rules.
Deport them all
Funny thing… The way Trump did this gave the dreamers an extra 6 months.. If DACA ended up in court like it was scheduled, it would have ended instantly. DACA didn’t even give those people a chance to become citizens. Immagration reform has been talked about for years, and Trump just pulled a CEO type of move by telling Congress to fix it. When Congress does nothing, he’ll take the heat for it.
Shhh… logic and strategy does not compute in a social media world. Its about viewership for ad revenue and product promotion contracts. The more “cra-cra”, the more people share. Its worked well for the major parties since the 1800s. Have you heard what _____ did?
Very true… As a former boss of mine was fond of saying, “Don’t let the facts get in the way of a good story..”
The truth doesnt sell newspapers
Or in today’s world, get people clicking on your stories…
This is one of the “political bombs” parties do to add conflict for diversion of real problems… both sides do it.
Yes… As long as they keep us fighting, the remain employed and in control..
Total idiots
There are lots of people like Bernie Sanders who say college has become too expensice and should be paid by the taxpayer. Those people should rewlly examine where the existing tax money and tuition money are going. Stuff like this is unacceptable.
This is utter BS !!!
No one catered to or paid for my kids!!!!!!
UC – with its great law schools – is embarrassing itself.
Well said! @Bart
I’m a republican that supports DACA. Many of my republican friends can’t get past the word “illegal”. Well they aren’t illegal when they have documentation as DACA provides. These DACA students serve and die in our military, graduate from high school, start businesses. They pay taxes. So deport them after all that??? Makes no sense. And calling people that support them Socialists and Anarchists is knee jerk ignorance because many of us are freedom loving patriots.
I’m a republican that supports DACA. Many of my republican friends can’t get past the word “illegal”. Well they aren’t illegal when they have documentation as DACA provides. These DACA students serve and die in our military, graduate from high school, start businesses. They pay taxes. So deport them after all that??? Makes no sense. And calling people that support them Socialists and Anarchists is knee jerk ignorance because many of us are freedom loving patriots.
I respect that you had the courage to share your opinion. A lot of people are afraid of being that black sheep and know that I and those who are recipients of DACA appreciate your support. Now I could be wrong, but I’d say about 55% that oppose DACA do so because although incorrect,the “popular” belief is that they are all Mexicans. They are simply against DACA because they dislike “Mexicans”, Hispanics, Hispanic Americans etc. I feel sorry for anyone who still chooses to have racism limit themselves in 2017. RIP to all those who passed away on 9/11/01 and God Bless this country and those living in it.