Regents of the University of California v. United States Department of Homeland Security

Regents of the University of California v. United States Department of Homeland Security
United States District Court for the Northern District of California
Full case name The Regents of the University of California and Janet Napolitano, in her official capacity as President of the University of California, Plaintiffs, v. United States Department of Homeland Security and Kirstjen Nielsen, in her official capacity as Secretary of the Department of Homeland Security, Defendants.
Date decided January 9, 2018 (order granting provisional relief)
Judge sitting William Haskell Alsup
Sallie Kim, Magistrate Judge
Counsel for plaintiff(s) Jeffrey Michael Davidson, lead attorney
Case holding
Plaintiffs are entitled to provisional relief temporarily requiring defendants to "maintain the DACA program on a nationwide basis" subject to certain exceptions.

Regents of the University of California, et al. v. United States Department of Homeland Security, et al., No. 3:17-cv-05211 (N.D. Cal.), is a lawsuit filed on September 8, 2017, in the United States District Court for the Northern District of California in response to the Trump administration's rescission of the Deferred Action for Childhood Arrivals (DACA) program. The lawsuit, filed by the University of California system and its President, Janet Napolitano, alleges that rescission of DACA violates rights under the Administrative Procedure Act and the right to procedural due process under the Fifth Amendment.[1]

On January 9, 2018, U.S. District Judge William Alsup ordered the government to maintain the DACA program for the duration of the lawsuit. The government appealed from that order to the United States Court of Appeals for the Ninth Circuit. In addition, the government asked the Supreme Court to decide the case before the Ninth Circuit makes a ruling, which the Supreme Court refused to do. On May 15, 2018, the Ninth Circuit heard oral argument in the government's appeal. As of August 2018, the appeal remains pending.

Background

Deferred Action for Childhood Arrivals (DACA) was first announced by President Barack Obama in 2012. The DACA program allowed certain individuals who entered the United States as minors to receive deferred action from deportation.[2] Since the implementation of DACA, about 690,000 individuals have received deferred action under the program.[3]

During his campaign for president, Donald Trump indicated that he intended to rescind DACA if he was elected.[4] On September 5, Attorney General Jeff Sessions announced that DACA would be phased out, with DACA recipients whose DACA status expiring on or before March 5, 2018 allowed to apply to renew their DACA status by October 5, 2017.[5][6][7] President Trump later indicated support for a law to protect DACA recipients.[8]

Lawsuit

On September 8, 2017, three days after the announcement of DACA's termination, the University of California and its President, Janet Napolitano, announced that they had filed a lawsuit in the United States District Court for the Northern District of California seeking to prevent the administration from terminating the DACA program.[9][10] In a statement, the University of California expressed that it was suing "for wrongly and unconstitutionally violating the rights of the University and its students" because the rescission of the DACA program was "unconstitutional, unjust, and unlawful". Napolitano, who served as Secretary of Homeland Security from 2009 to 2013, noted that "Neither I, nor the University of California, take the step of suing the federal government lightly, especially not the very agency that I led", but that "It is imperative, however, that we stand up for these vital members of the UC community."[11]

Discovery dispute

On October 17, 2017, the District Court ordered the government to provide "internal deliberative documents" behind the decision to rescind DACA to the Court by October 27, 2017.[12][13] On October 20, 2017, the government filed a petition for mandamus in the U.S. Court of Appeals for the Ninth Circuit seeking to prevent the district court from forcing the government to provide the documents in question. On November 16, 2017, the Court of Appeals refused, by a vote of 2–1, to stop the district court's order requiring the government to provide the records.[14] On December 1, 2017, the government filed a petition for mandamus and application for stay with the Supreme Court, seeking to prevent the district court from considering the documents.[15][16] On December 8, 2017, the Supreme Court, by 5-4 vote, granted the application and temporarily halted the district court's order to provide the documents,[17][18] and on December 20, 2017, the Supreme Court unanimously laid out guidelines for access to the documents in question.[19][20]

Temporary relief

On January 9, 2018, U.S. District Judge William Alsup ordered the government to maintain the DACA program while the lawsuit is pending.[21][22] Judge Alsup wrote that "the agency’s decision to rescind DACA was based on a flawed legal premise" and noted that plaintiffs "have clearly demonstrated that they are likely to suffer serious, irreparable harm".[23] The ruling ordered the government to renew deferred action for existing DACA recipients. However, Judge Alsup limited his ruling to those who have already been granted DACA, and did not order the government to accept applications from those who had not previously received DACA.[24][25]

In response to Judge Alsup's ruling, on January 13, 2018, the government indicated in a statement that it would immediately begin accepting DACA renewal applications using the same forms as before the rescission of the program.[26][27][28]

On January 16, 2018, the government announced that it had filed an appeal to the United States Court of Appeals for the Ninth Circuit,[29][30] and on January 18, the government filed a petition for certiorari before judgement with the Supreme Court, asking it to decide the case before the Ninth Circuit rules on the appeal.[31] On February 26, 2018, the Supreme Court denied the government's petition, ordering that the Ninth Circuit should hear the appeal first.[32] The Supreme Court's order had the effect of preventing the government from terminating DACA on March 5, 2018, as originally directed.[33]

As of August 2018, the government's appeal remains pending before the Ninth Circuit, with oral argument heard on May 15, 2018.[34]

See also

References

  1. ↑ "Department of Homeland Security v. Regents of the University of California - SCOTUSblog". SCOTUSblog. Retrieved 8 March 2018.
  2. ↑ Schallhorn, Kaitlyn (2018-01-10). "What is DACA and why is the Trump administration ending it?". Fox News. Retrieved 2018-01-15.
  3. ↑ "How many immigrants have DACA, really? We finally have one answer — just as they start to lose it". Vox. Retrieved 2018-01-15.
  4. ↑ Bennett, Brian; Memoli, Michael A. (2017-02-16). "The White House has found ways to end protection for 'Dreamers' while shielding Trump from blowback". Los Angeles Times. ISSN 0458-3035. Retrieved 2018-01-15.
  5. ↑ Shear, Michael D.; Davis, Julie Hirschfeld (2017-09-05). "Trump Moves to End DACA and Calls on Congress to Act". The New York Times. ISSN 0362-4331. Retrieved 2018-01-15.
  6. ↑ "Trump ends DACA program, no new applications accepted". NBC News. Retrieved 2018-01-15.
  7. ↑ "Trump Ends DACA, Calls On Congress To Act". NPR.org. Retrieved 2018-01-15.
  8. ↑ Stolberg, Sheryl Gay; Alcindor, Yamiche (2017-09-14). "Trump's Support for Law to Protect 'Dreamers' Lifts Its Chances". The New York Times. ISSN 0362-4331. Retrieved 2018-01-15.
  9. ↑ McGreevy, Patrick (2017-09-11). "California sues Trump administration over decision to end DACA protections for young immigrants". Los Angeles Times. ISSN 0458-3035. Retrieved 2018-01-15.
  10. ↑ Carter, Brandon (2017-09-08). "University of California sues Trump over decision to end DACA". TheHill. Retrieved 2018-01-15.
  11. ↑ "University of California sues Trump administration on unlawful repeal of DACA program". University of California. 2017-09-11. Retrieved 2018-01-15.
  12. ↑ "Judge: DACA legal advice must be made public". POLITICO. Retrieved 2018-01-15.
  13. ↑ CNN, Tal Kopan,. "DHS ordered to turn over DACA deliberations". CNN. Retrieved 2018-01-15.
  14. ↑ "Court won't halt judge's demand for details on DACA cancellation decision". POLITICO. Retrieved 2018-01-15.
  15. ↑ "Trump administration takes DACA documents fight to Supreme Court". POLITICO. Retrieved 2018-01-15.
  16. ↑ Barnes, Robert (2017-12-01). "Trump administration asks Supreme Court to overrule decision on DACA documents". Washington Post. ISSN 0190-8286. Retrieved 2018-01-15.
  17. ↑ Barnes, Robert (2017-12-08). "Supreme Court says administration for now need not turn over more DACA documents". Washington Post. ISSN 0190-8286. Retrieved 2018-01-15.
  18. ↑ "Supreme Court's ruling on DACA documents a win for Trump administration". Fox News. 2017-12-09. Retrieved 2018-01-15.
  19. ↑ "Supreme Court sets guidelines for DACA legal fight". POLITICO. Retrieved 2018-01-15.
  20. ↑ Liptak, Adam (2017-12-20). "Justices Return Dispute Over DACA Documents to Lower Courts". The New York Times. ISSN 0362-4331. Retrieved 2018-01-15.
  21. ↑ "A federal judge just ordered the Trump administration to partially restart the DACA program". Vox. Retrieved 2018-01-15.
  22. ↑ Shear, Michael D. (2018). "Trump Must Keep DACA Protections for Now, Judge Says". The New York Times. ISSN 0362-4331. Retrieved 2018-01-15.
  23. ↑ "Federal Judge Temporarily Blocks Trump's Decision To End DACA". NPR.org. Retrieved 2018-01-15.
  24. ↑ Blitzer, Jonathan (2018-01-10). "What a Judge's DACA Ruling Means for Trump, and for Dreamers". The New Yorker. ISSN 0028-792X. Retrieved 2018-01-15.
  25. ↑ Barros, Aline. "Pro-DACA Court Ruling Changes Little for Recipients". VOA. Retrieved 2018-01-15.
  26. ↑ Stevens, Matt (2018). "DACA Participants Can Again Apply for Renewal, Immigration Agency Says". The New York Times. ISSN 0362-4331. Retrieved 2018-01-15.
  27. ↑ "Deferred Action for Childhood Arrivals: Response to January 2018 Preliminary Injunction". USCIS. Retrieved 2018-01-15.
  28. ↑ "U.S. to resume processing DACA renewals after judge's ruling". NBC News. Retrieved 2018-01-15.
  29. ↑ Sacchetti, Maria (2018-01-16). "Trump administration will ask Supreme Court to allow it to end DACA". Washington Post. ISSN 0190-8286. Retrieved 2018-01-16.
  30. ↑ "DOJ seeking Supreme Court review of DACA ruling". POLITICO. Retrieved 2018-01-16.
  31. ↑ "Trump administration asks Supreme Court to intervene on DACA - SCOTUSblog". SCOTUSblog. 2018-01-18. Retrieved 2018-04-01.
  32. ↑ "Supreme Court Declines To Take DACA Case, Leaving It In Place For Now". NPR.org. Retrieved 2018-04-01.
  33. ↑ Barnes, Robert (2018-02-26). "Supreme Court declines to enter controversy over 'dreamers,' rejects Trump administration's request to review lower court rulings". Washington Post. ISSN 0190-8286. Retrieved 2018-04-01.
  34. ↑ "Regents of the University of California v. DHS ("DACA II")". www.ca9.uscourts.gov. United States Court of Appeals for the Ninth Circuit. Retrieved 2018-04-01.
This article is issued from Wikipedia. The text is licensed under Creative Commons - Attribution - Sharealike. Additional terms may apply for the media files.