DACA appeal

University of California president Janet Napolitano has joined a group of states and organizations seeking to keep the Deferred Childhood for Arrivals program going while a judge considers a lawsuit against the Trump administration, which repealed DACA on Sept. 5. More than 7,000 Indian American youth are DACA beneficiaries. (Mandel Ngan/AFP/Getty Images)

Three states led by California, along with the University of California system and several counties, filed a motion Nov. 1 to keep the Deferred Action for Childhood Arrivals program active while a judge considers a lawsuit against the Trump administration, which repealed DACA.

More than 7,000 Indian American youth are DACA beneficiaries. Attorney General Jeff Sessions announced Sept. 5 that the Trump administration was ending DACA, albeit with a six-month delay to allow Congress to come up with legislation that would permanently protect the more than 800,000 young people who rely on the Obama-era initiative for relief from deportation.

UC president Janet Napolitano announced Sept. 8 that she had filed a lawsuit against the Department of Homeland Security in an attempt to stop the Trump administration from ending the Deferred Action for Childhood Arrivals program.

The motion filed Nov. 1 in U.S. District Court for the Northern District of California, asks for provisional relief while Judge William Alsup considers the merits of the lawsuit, which he is scheduled to hear Dec. 20.

The joint motion argues that the federal government violated federal procedures, failed to justify its decision and did not undergo the proper notice-and-comment process required to rescind DACA. The motion asks the court to maintain DACA pending a final court ruling, according to a statement released by the UC  

“As a result of the termination of the program, the university and its students will lose the vital contributions that DACA recipients have made as students and employees,” Napolitano wrote in one declaration.

“The civic life of the school will be diminished, the exchange of ideas will be reduced, teaching and research will be impaired, and diversity of viewpoints and experiences will be reduced,” she stated.

The lawsuit, which names DHS, along with acting DHS Secretary Elaine Duke, states that the administration has violated the right to due process for DACA recipients, who will be at risk for immediate deportation once their protected status expires, as the administration has stopped all renewals.

The administration has also violated the Administrative Procedures Act, which allows time for notice and comments from the public before administrative actions are taken, according to the lawsuit.

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