University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Regents of University of California v. U.S. Department of Homeland Security IM-CA-0095
Docket / Court 3:17-cv-05211 ( N.D. Cal. )
State/Territory California
Case Type(s) Immigration and/or the Border
Special Collection Civil Rights Challenges to Trump Immigration Enforcement Orders
Case Summary
The Regents of the University of California (UC) and Janet Napolitano, in her official capacity as President of the University of California, filed this lawsuit challenging the Department of Homeland Security’s (DHS) revocation of the Deferred Action for Childhood Arrivals program (DACA). The ... read more >
The Regents of the University of California (UC) and Janet Napolitano, in her official capacity as President of the University of California, filed this lawsuit challenging the Department of Homeland Security’s (DHS) revocation of the Deferred Action for Childhood Arrivals program (DACA). The complaint was filed on September 8, 2017 in the U.S. District Court for the Northern District of California.

According to the complaint, DACA has benefited approximately 800,000 individuals brought to the U.S. as children “through no choice of their own.” Under DACA, applicants who met certain criteria were eligible for deferred immigration action for two-year periods, pending approval of their applications. As the complaint stated, “DACA allowed these individuals to live, study, and work in the United States without fear that they could be arrested and deported at any time,” and so they “were able to pursue opportunities in higher education, to more readily obtain driver’s licenses and access lines of credit, to obtain jobs and access to certain Social Security and Medicare benefits, and to contribute to their communities and American society.” The plaintiffs stated that these individuals - known as Dreamers - have enabled the nation and UC to greatly benefit from their presence as students and employees at the university. The plaintiffs stated the Dreamers contribute significant to UC life, “expanding the intellectual vitality of the school, filling crucial roles as medical residents, research assistants, and student government leaders, and increasing the diversity of the community.” Plaintiff Janet Napolitano was the Secretary of Homeland Security who designed and implemented DACA in 2012.

But the revocation of DACA, the plaintiffs argued, threatened the Dreamers with “expulsion from the only country that they call home.” Moreover, the plaintiffs argued, DHS did not offer any “reasoned basis” for revoking DACA and did so in violation of legally required procedures. The plaintiffs argued that DHS’s justification for revocation is that a related but ultimately separate program - Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) - is illegal. The plaintiffs asserted that this justification is based on “an incorrect legal premise” as the two programs “were governed by different sets of rules, applied to different individuals, and conferred different benefits” and that “no court has held that DACA is unlawful.” Further, the plaintiffs argued that in not accounting for the Dreamers' strong reliance on DACA, DHS violated Supreme Court precedent requiring agencies to provide “more substantial justification” for policy changes when there is significant reliance on the preexisting policy. The plaintiffs argued that DHS’ revocation of DACA violates the Fifth Amendment’s due process clause and the Administrative Procedure Act. They seek declaratory and injunctive relief.

The case was assigned to Magistrate Judge Jacqueline Scott Corley on Sept. 8, but then reassigned to Judge Hon. William Alsup on Sept. 12.

On Sept. 18, the court related this case to State of California v. Department of Homeland Security, Case No. 17-cv-05235. Two days later, the court related two more cases to this one: Garcia v. United States of America, No. 17-cv-05380, and City of San Jose v. Trump, No. 17-cv-05329. On Oct. 16, County of Santa Clara v. Trump, No. 17-cv-05813, was added as a related case. All are in the Clearinghouse.

On Oct. 6, the defendants filed the administrative record, available here, which included a series of government documents pertaining to DACA from its inception to the decision to rescind it. On Oct. 17, after the plaintiffs moved to compel the defendants to complete the administrative record, the court ordered them to do so. The court found that the defendants did not produce all documents leading to the rescission, specifically related documents that Acting Secretary Duke did not directly review. The defendants moved to stay further proceedings at this court on Oct. 18 in light of their intent to appeal this ruling to the Ninth Circuit. The court denied staying proceedings on Oct. 19, and the defendants appealed the next day by filing a petition for a writ of mandamus to the district court and and emergency motion for stay. On Oct. 23, the district court replied to the Ninth Circuit's invitation to answer the government's petition stating it would not stay proceedings in light of the narrow window of time until the DACA ends on March 5, 2018.

On Nov. 1, in the district court, the plaintiffs moved for preliminary injunction to enjoin defendants from rescinding DACA, arguing that the rescission "violates the fundamental prohibition on arbitrary agency action imposed by the Administrative Procedure Act" by not providing a reasoned basis for it. The same day, the defendants moved to dismiss the case, arguing that the rescission is an enforcement action "presumed immune from judicial review" and that the government provided ample explanation for the rescission based on DAPA's enjoinment.

On Nov. 16, the Ninth Circuit denied defendants' motion for a writ of mandamus and vacated the stay of discovery and record expansion that had been entered, and the District Court immediately ordered the federal government to file an augmented administrative record by Nov 22. On Nov. 17, the federal government filed an emergency motion noting that it intended to file an application for mandamus with the Supreme Court no later than Nov. 20, and requesting that the Ninth Circuit stay its order pending the Supreme Court's resolution of the forthcoming petition. On Nov. 21, the Ninth Circuit dismissed the federal government's motion, noting that jurisdiction currently lies with the District Court and instructing the federal government that further relief must be sought in a new petition for mandamus.

Meanwhile, in the District Court, Judge Alsup on Nov. 20 agreed to stay all discovery until Dec. 22, at which point the augmented administrative record will be due.

On Dec. 1, 2017, the government filed notice that they appealed the Ninth's Circuit denial of mandamus relief and applied for a stay to the Supreme Court.

The case is ongoing.

Virginia Weeks - 12/03/2017


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Issues and Causes of Action
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Issues
Benefit Source
DACA (Deferred Action for Childhood Arrivals)
Constitutional Clause
Due Process
Discrimination-basis
Immigration status
General
Juveniles
Immigration/Border
Constitutional rights
Deportation - criteria
Deportation - judicial review
Deportation - procedure
Temporary protected status
Plaintiff Type
Non-profit NON-religious organization
Causes of Action Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Declaratory Judgment Act, 28 U.S.C. § 2201
Defendant(s) Department of Homeland Security
Plaintiff Description Regents of the University of California and Janet Napolitano in her official capacity as President of the University of California
Class action status sought No
Class action status granted No
Prevailing Party None Yet / None
Public Int. Lawyer No
Nature of Relief None yet
Source of Relief None yet
Case Ongoing Yes
Case Listing IM-CA-0096 : State of California v. Department of Homeland Security (N.D. Cal.)
IM-CA-0099 : Garcia v. United States of America (N.D. Cal.)
IM-CA-0098 : City of San Jose v. Trump (N.D. Cal.)
IM-CA-0106 : County of Santa Clara v. Trump (N.D. Cal.)
Additional Resources
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  University of California sues Trump administration on unlawful repeal of DACA program
https://www.universityofcalifornia.edu/
Date: Sep. 8, 2017
By: UC Office of the President (University of California )
[ Detail ] [ External Link ]

  Memorandum on Rescission Of Deferred Action For Childhood Arrivals (DACA)
www.dhs.gov
Date: Sep. 5, 2017
By: Department of Homeland Security (Department of Homeland Security)
[ Detail ] [ External Link ]

  Implementation of Executive Order 13768, "Enhancing Public Safety in the Interior of the United States
The Washington Post
Date: May 22, 2017
By: Jefferson Sessions (U.S. Department of Justice)
[ Detail ] [ External Link ]

  Re: Implementing the President's Border Security and Immigration Enforcement Improvements Policies (Final, 2/20/2017)
dhs.gov
Date: Feb. 20, 2017
By: DHS Secretary John Kelly (United States Department of Homeland Security)
[ Detail ] [ PDF ] [ External Link ]

  Re: Enforcement of the Immigration Laws to Serve the National Interest (Final, 2/20/2017)
dhs.gov
Date: Feb. 20, 2017
By: DHS Secretary John Kelly (United States Department of Homeland Security)
[ Detail ] [ PDF ] [ External Link ]

  Executive Order 13767: Border Security and Immigration Enforcement Improvements
Federal Register
Date: Jan. 27, 2017
By: President Donald Trump (Office of the President)
Citation: 82 Fed. Reg. Presidential Documents 8793 (Jan. 27, 2017)
[ Detail ] [ PDF ]

  Executive Order 13768: Enhancing Public Safety in the Interior of the United States
Federal Register
Date: Jan. 25, 2017
By: President Donald Trump (Office of the President)
[ Detail ] [ PDF ] [ External Link ]

Docket(s)
3:17-cv-5211 (N.D. Cal.)
IM-CA-0095-9000.pdf | Detail
Date: 11/03/2017
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint For Declaratory and Injunctive Relief [ECF# 1]
IM-CA-0095-0001.pdf | Detail
Date: 09/08/2017
Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' Motion for Provisional Relief & Memorandum in Support [ECF# 111]
IM-CA-0095-0002.pdf | Detail
Date: 11/01/2017
Source: PACER [Public Access to Court Electronic Records]
Defendants' Notion of Motion and Motion to Dismiss All N.D. Cal. DACA Cases; Memorandum in Support [ECF# 114]
IM-CA-0095-0003.pdf | Detail
Date: 11/01/2017
Source: PACER [Public Access to Court Electronic Records]
Judges Alsup, William Haskell (N.D. Cal.)
IM-CA-0095-9000
Kim, Sallie Court not on record [Magistrate]
IM-CA-0095-9000
Plaintiff's Lawyers Almadani, Monica Marie-Ramirez (California)
IM-CA-0095-0002 | IM-CA-0095-9000
Anguas Nyquist, Ashley Ciara (District of Columbia)
IM-CA-0095-0002 | IM-CA-0095-9000
Berengaut, Alexander A. (District of Columbia)
IM-CA-0095-0002 | IM-CA-0095-9000
Bersin, Alan Douglas (California)
IM-CA-0095-0002 | IM-CA-0095-9000
Breuer, Lanny A. (District of Columbia)
IM-CA-0095-0002 | IM-CA-0095-9000
Crowley, Megan Anne (District of Columbia)
IM-CA-0095-0002 | IM-CA-0095-9000
Davidson, Jeffrey Michael (California)
IM-CA-0095-0001 | IM-CA-0095-0002 | IM-CA-0095-9000
Douglas, Erika M (California)
IM-CA-0095-0002 | IM-CA-0095-9000
Friedlander, Julia M.C. (California)
IM-CA-0095-0002 | IM-CA-0095-9000
Hamill, Norman J. (California)
IM-CA-0095-0002 | IM-CA-0095-9000
Lynch, Mark H. (District of Columbia)
IM-CA-0095-0002 | IM-CA-0095-9000
Mincer, Jonathon Yakov (District of Columbia)
IM-CA-0095-0002 | IM-CA-0095-9000
Robinson, Charles Furlonge (California)
IM-CA-0095-0002 | IM-CA-0095-9000
Sanchez, Sonya U. (California)
IM-CA-0095-0002 | IM-CA-0095-9000
Troncoso, Michael A (California)
IM-CA-0095-0002 | IM-CA-0095-9000
Ventresca, Ivano Michael (District of Columbia)
IM-CA-0095-0002 | IM-CA-0095-9000
Wu, Margaret Louisa (California)
IM-CA-0095-0002 | IM-CA-0095-9000
Defendant's Lawyers Bailey, Kate (District of Columbia)
IM-CA-0095-0003 | IM-CA-0095-9000
Giang, Albert (District of Columbia)
IM-CA-0095-9000
Leheny, Emma (District of Columbia)
IM-CA-0095-9000
Pezzi, Stephen M. (District of Columbia)
IM-CA-0095-0003 | IM-CA-0095-9000
Robins, Jeffrey S (District of Columbia)
IM-CA-0095-9000
Rosenberg, Brad P. (District of Columbia)
IM-CA-0095-0003 | IM-CA-0095-9000
Shumate, Brett (District of Columbia)
IM-CA-0095-0003 | IM-CA-0095-9000
Other Lawyers Alger, Maureen P. (California)
IM-CA-0095-9000
Bhabha, Ishan K (District of Columbia)
IM-CA-0095-9000
Boutrous, Theodore J. Jr. (California)
IM-CA-0095-0002 | IM-CA-0095-9000
Brown, Eric Prince (California)
IM-CA-0095-0002 | IM-CA-0095-9000
Carome, Patrick J. (District of Columbia)
IM-CA-0095-9000
Carter, Margaret L. (California)
IM-CA-0095-9000
Chopra, Apalla U (California)
IM-CA-0095-9000
Crooks, James Wesley (District of Columbia)
IM-CA-0095-9000
Deol, John-Paul Singh (California)
IM-CA-0095-9000
Dettmer, Ethan D. (California)
IM-CA-0095-0002 | IM-CA-0095-9000
Dundas, Michael Joseph (California)
IM-CA-0095-9000
Feuer, Michael Nelson (California)
IM-CA-0095-9000
Fineman, Nancy L. (California)
IM-CA-0095-0002 | IM-CA-0095-9000
Goldman, Lauren R (New York)
IM-CA-0095-9000
Gray, Danielle C. (New York)
IM-CA-0095-9000
Harrison, Lindsay C (District of Columbia)
IM-CA-0095-9000
Hauck, Brian (California)
IM-CA-0095-9000
Holtzblatt, Ari (District of Columbia)
IM-CA-0095-9000
Kochsiek, Blythe Golay (California)
IM-CA-0095-9000
Li, Joan Renxin (California)
IM-CA-0095-9000
Lin, Karen (New York)
IM-CA-0095-9000
Lopez, Janine Marie (Massachusetts)
IM-CA-0095-9000
McGinnis, James Landon (California)
IM-CA-0095-9000
Nadolenco, John (California)
IM-CA-0095-9000
Perez, Jose-Luis (New York)
IM-CA-0095-9000
Perrelli, Thomas J. (District of Columbia)
IM-CA-0095-9000
Piers, Matthew J. (Illinois)
IM-CA-0095-9000
Pincus, Andrew J. (District of Columbia)
IM-CA-0095-9000
Popovic, Neil A. Freidman (California)
IM-CA-0095-9000
Sokoler, Jennifer B (New York)
IM-CA-0095-9000
Suvor, Daniel R (California)
IM-CA-0095-9000
Waxman, Seth (District of Columbia)
IM-CA-0095-9000
Wilson, Kara Corinne (New York)
IM-CA-0095-9000
Zahradka, James (California)
IM-CA-0095-0002 | IM-CA-0095-9000

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