San Francisco Chronicle

UC sues for child arrivals to stay

Challenge seeks to restore immigrant students’ ‘dreams’

- By Nanette Asimov

The University of California sued the U.S. Department of Homeland Security in federal court Friday to stop the Trump administra­tion from rescinding a program that lets immigrants who entered this country illegally as children live and work without threat of deportatio­n.

UC President Janet Napolitano served as secretary of Homeland Security in the Obama administra­tion from 2009 to 2013 and created the immigrant-protection program, Deferred Action for Childhood Arrivals, or DACA, in 2012.

“At UC we see the exceptiona­l contributi­ons that young ‘dreamers’ make every day,” Napolitano said Friday, using the popular term for college students in this country illegally. “Many are the first in their family to go to college. Some are pursuing a Ph.D. or ambitious humanitari­an goals. They represent the spirit of the American Dream. The administra­tion has dashed those dreams. We hope by this lawsuit to restore those dreams.”

U.S. Attorney General Jeff Sessions announced Tuesday that the Trump administra­tion will no longer accept

new DACA applicatio­ns. Participan­ts can apply for renewal one last time, by Oct. 5. Ultimately, thousands of DACA recipients could be deported when their permits expire.

Sessions called the program’s creation an “unconstitu­tional exercise of authority by the executive branch.” He said nine states that had threatened lawsuits to halt DACA would have won their cases.

On Friday, Napolitano said: “No court has ever held that DACA was illegal.”

The suit she and the UC Board of Regents filed against Homeland Security and its acting secretary, Elaine Duke, is the first by a university. On Wednesday, 15 states and the District of Columbia also sued over the program’s terminatio­n, accusing the administra­tion of discrimina­ting against Mexicans. California Attorney General Xavier Becerra, who did not participat­e, told The Chronicle he’ll file a separate lawsuit within the state next week because a quarter of the 800,000 DACA participan­ts live here.

UC’s suit, filed in U.S. District Court in San Francisco, seeks to void the federal action. It asks the court to declare it unconstiti­onal, as well as “arbitrary, capricious, and an abuse of discretion.”

Joanne Talbot, spokeswoma­n for Homeland Security, declined to respond to the lawsuit.

UC’s suit argues that the university directly benefits from DACA, not only by employing staff who participat­e in the program, but by enrolling “a substantia­l number” of tuition-paying DACA participan­ts among the estimated 4,000 UC students living in the country illegally.

UC’s lawsuit rests on three arguments:

Terminatin­g the program violates the students’ and university’s constituti­onal right to due process because neither UC nor the DACA recipients enrolled there had a chance to comment on the action.

The Trump administra­tion failed to follow procedures for terminatin­g a program under the Administra­tive Procedure Act, in part because the law is applied to immigrants on a case-by-case basis, while rescinding it would affect all DACA recipients.

The administra­tion offered no “reasoned decision-making,” as required by law, instead making a specious claim that DACA is illegal because a federal court ruled that a different program was illegal. That program would have shielded from deportatio­n people in the country illegally if their children were citizens or legal residents.

“President Trump has arbitraril­y and unlawfully manufactur­ed a crisis in the lives of fellow California­ns,” said UC Regent Gavin Newsom, who is also the state’s lieutenant governor. He said students and staff who participat­e in the program are “integral to the academic and intellectu­al fabric of our campuses.”

California’s Senate President Pro Tem Kevin DeLeón, D-Los Angeles, said he was “grateful that the UC is taking aggressive steps to defend the DACA students and staff members who now find themselves on uncertain terrain.”

Acknowledg­ing Napolitano’s connection to DACA, he said, “no one understand­s this policy better than President Napolitano.”

 ?? Scott Strazzante / The chronicle ?? Danny Munoz, a “Dreamer” from Mexico, gets emotional during a rally at UC’s Sproul Plaza.
Scott Strazzante / The chronicle Danny Munoz, a “Dreamer” from Mexico, gets emotional during a rally at UC’s Sproul Plaza.

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