Fourth Circuit Strikes Down DACA Rescission

FOR MORE INFORMATION CONTACT:

Gregg Kelley, Washington Lawyers’ Committee
(202) 319-1070, [email protected]

Lizette Olmos, CASA
(240) 706-2624, [email protected]

Ajmel Quereshi, Howard University School of Law, Civil Rights Clinic
(202) 486-4673, [email protected]

Washington, DC – This morning, the Fourth Circuit Court of Appeals held that President Trump’s rescission of the Deferred Action for Childhood Arrival Program was in violation of the Administrative Procedures Act. This decision came in a case brought by CASA and a coalition of organizations from Maryland, California, Washington, Michigan, Arkansas, Pennsylvania, Arizona & Connecticut, as well as the national network of providers, as well as 17 individuals.

More than 800,000 people participate in the DACA program that defers immigration proceedings against immigrants who were brought here as children. The program ensures that our neighbors, family members and colleagues who have built lives in the country and contributed to the success of our communities can live their lives without fear of deportation.

The Trump administration has increased the racialization of immigration policy and targeted DACA recipients who are mostly from Central America and the Caribbean. The plaintiffs have taken a stand against this injustice.

The Fourth Circuit found that the government did not follow the law when it ended the program. The Court vacated the rescission of DACA as arbitrary and capricious.

The legal team included Arnold & Porter, the Washington Lawyers’ Committee for Civil Rights and Urban Affairs, Willkie Farr & Gallagher LLP and the Howard University School of Law Civil Rights Clinic.

“The decision by the 4th Circuit Court of Appeals represents an important victory for CASA’s membership of over 100,000 immigrants of all statuses residing across the Mid-Atlantic Region and the over 800,000 DACA recipients across the country. This ruling is the result of a long and valiant battle that our Dreamers have endured in their struggle to keep their families together and is in stark contrast to yesterday’s announcement by the Trump administration effectively labeling this community as without merit. We recognize the struggle is not over and there are more battles to fight in the Supreme Court on this road to justice, but our families are emboldened by knowing that they are on the right side of history – the only question is whether all this country’s institutions can be certain of the same,” said Gustavo Torres, Executive Director CASA.

“Today is a big win for us. We are heading in the right direction that will enable us to finally move on with our lives,” said Jesus Perez, CASA Dreamer.

“Today is a great victory for our clients, for immigrants to this country, and for the rule of law.  We are proud to stand with our clients and the 800,000 DACA recipients in vindicating their rights to live in this great Country without fear,” said John A. Freedman, partner at Arnold & Porter.

“We are thrilled that the Fourth Circuit has joined the consensus of courts across the country in halting the Administration’s racist attacks on immigrants.  Dreamers deserve protection like all others in this Country and the decision today will help ensure that they are not thrown into the shadows,” said Dennis Corkery of the Washington Lawyers’ Committee.

“DACA has been an essential protection for the immigrant youth. Without DACA, many individuals would not have been able to accomplish their dreams and become contributors to the American society.  The creation of DACA has enabled me to accomplish my dream of becoming a registered nurse,” said Jose Aguiluz, CASA Board Member.

“The Trump Administration has made a habit of targeting racial minorities and immigrants and violating their civil rights,” said Ajmel Quereshi, Director of the Howard University School of Law, Civil Rights Clinic. “We commend today’s decision and look forward to our clients having their day in court.”

“We are thrilled with the Fourth Circuit’s ruling today striking down the Trump Administration’s attempt to rescind DACA.  The ruling is a testament to the bravery and fortitude of Dreamers who continue to show all of us the importance of standing up to injustice,” said Elizabeth Bower of Willkie Farr & Gallagher LLP.

Media

Bloomberg

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 ABOUT CASA: With almost 100,000 members across the states of Maryland, Virginia, and South Central Pennsylvania, CASA is the largest member-based Latino and immigrant organization in the mid-Atlantic region. CASA organizes with and litigates on behalf of low-wage immigrants. Visit us at www.wearecasa.org and follow us on Twitter at @CASAforall

About Arnold & Porter: With more than 1,000 lawyers practicing in 15 offices around the globe, Arnold & Porter serves clients across 40 distinct practice areas. The firm offers 100 years of renowned regulatory expertise, sophisticated litigation and transactional practices, and leading multidisciplinary offerings in the life sciences and financial services industries.

ABOUT THE WASHINGTON LAWYERS’ COMMITTEE: Founded in 1968, The Washington Lawyers’ Committee for Civil Rights and Urban Affairs works to create legal, economic and social equity through litigation, client and public education and public policy advocacy. While we fight discrimination against all people, we recognize the central role that current and historic race discrimination plays in sustaining inequity and recognize the critical importance of identifying, exposing, combatting and dismantling the systems that sustain racial oppression. For more information, please visit www.washlaw.org or call 202.319.1000. Follow us on Twitter at @WashLaw4CR.

 


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