Princeton University, Microsoft and a dreamer sue the Trump administration for eliminating DACA
The suit alleges that the president's decision violates the Fifth Amendment, which prohibits the federal government from denying equal protection. The university and the technology company argue that the end of DACA harms them because they depend on and benefit from the contribution of dreamers.
Dreamer María Perales, along with Princeton University and Microsoft, filed a lawsuit Friday against President Donald Trump for ending the Deferred Action for Childhood Arrivals, or DACA, program.
The complaint, filed in federal court in Washington, D.C., alleges that DACA’s termination violates both the United States Constitution and federal law.
Plaintiffs argue that the federal government violated the Fifth Amendment by not guaranteeing equal protection under the law for the young beneficiaries of the program and that its end severely damages the lives of the 800,000 undocumented immigrants who were protected from deportation. It also argues that the end of DACA "affects the employers and educational institutions that rely on and benefit from their contributions."
"Princeton and Microsoft have benefited from—and relied upon—DACA," it reads. The university has "admitted and enrolled at least 21 Dreamers who have relied on the government’s promises regarding DACA, and 15 DACA beneficiaries are currently enrolled as undergraduate students at the University."
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Microsoft, together with its subsidiary LinkedIn Corporation, employs at least 45 DACA recipients.
Fifteen states and Washington, D.C., sued President Trump for the elimination of the program in September.
Until now, the legal debate around DACA has not focused on the constitutionality of its cancelation, but on the fact that DACA was an executive action. It was unknown whether the courts would challenge the extent of exective power— the president, as head of the executive branch, has the power to make executive orders, as former president Barack Obama did with DACA, and as President Trump did by undoing the program.
DACA was created to protect Dreamers from deportation and allow them to work legally in the United States, in spite of the fact that they were brought into the country without legal papers.
In late August, before the administration announced DACA would be canceled, Princeton president Christopher Eisgruber sent a letter to Trump.
“Repealing DACA would be a tragic mistake,” Eisgruber wrote. “DACA is a wise and humane policy that benefits this country in multiple ways. It has allowed talented and motivated students, who came here as a result of decisions by their parents, to pursue educations and contribute positively to our communities and our country.”
Perales is the first in her family to go to a four-year university. Her mother studied until the third year of primary school in Mexico. When Perales was in ninth grade, she died of cancer.
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Perales dreamed of studying at Princeton since she was 7. She now studies civil engineering there. “One thing I learned throughout the process was definitely to not give up on the first try," she wrote in a 2015 Univision column.
“I am participating in this legal challenge because I believe strongly in the resilience and courage that the migrant community and youth have brought to this nation," she said Friday in a statement. "While not a perfect solution, DACA provided many of my peers and me with an avenue to have control over our paths and lives, free from the constant fear of deportation."
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2010 | A group of young undocumented immigrants from Massachusetts and New York protested in July 2010 in front of the White House in support of the Dream Act. That was the name given to a bill introduced in 2001 to legalize young immigrants who had arrived to the U.S. as children. It was never approved.
Crédito: Rubén Gamarra/EFE
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2012 | Following Congress' inaction and seeking to fulfill the promise of immigration reform, the Obama administration announced DACA, the executive order that would protect hundreds of thousands of young people from deportation and grant them a temporary work permit. "They grew up as Americans and feel part of the country," Obama argued.
Crédito: White House
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2012 | Bolivian Diego Mariaca, along with his mother Ingrid Vaca, was among the first to complete documentation to obtain DACA, in a Washington, D.C. office.
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2012 | Applications for DACA opened on August 15, 2012, which created huge lines of young people with their families at centers like this one in Los Angeles.
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2014 | Obama again used his executive power. He announced Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) and an extension of the Deferred Action for Child Arrivals (DACA) program for those who did not qualify due to their age when it was first launched in 2012.
Crédito: Michael Reynolds/EFE
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2015-16 | But Obama's second attempt wasn't successful. In February 2015, a court order blocked DAPA and the DACA extension. It went on to the Supreme Court, which resulted in a tie in June 2016, leaving the two in legal limbo. The original DACA, which benefited some 750,000 young people, remained in effect.
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2015 |President Barack Obama met with beneficiaries of the DACA program in the Oval Office in February 2015.
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2016 | The 2016 presidential campaign brought the promise of mass deportations and an end to Obama's executive actions. Immigration activists took to the streets and carried out hundreds of protests against the real estate magnate.
Crédito: EFE
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2016 | Congressman Luis Gutierrez and several Democrats called for President Barack Obama to use his power to pardon the more than 750,000 undocumented immigrants covered by DACA before leaving the White House. He did not.
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2017 | Given Trump's pledge to end executive action, Republican and Democratic lawmakers worked on a bipartisan bill to protect Dreamers from deportation for an additional three years. That was confirmed by Rep. Paul Ryan, Speaker of the House of Representatives, during a press conference on Thursday, January 12, 2017.
Crédito: J. Scott Applewhite/AP
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2017 | In his first official press conference, White House spokesman Sean Spicer did not include ending DACA as a priority of President Donald Trump. Instead, priorities are the border wall and deportations of immigrants with criminal records, he said.
Crédito: Kevin Lamarque/Reuters
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February 17, 2017 | A protest outside the doors of a federal court in Seattle, Washington, against the arrest of Dreamer Daniel Ramirez Medina. Under the new government, several dreamers - whose permit had expired - have been arrested and even deported.
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April 2017 |Trump has promised to find a humane solution for hundreds of thousands of DACA beneficiaries. In February, he vowed to treat Dreamers “with heart” during a news conference; in April, he said they could “rest easy” because he’d focus his deportation efforts on so-called criminals. However, in Trump's first 100 days, various Dreamers are arrested.
Crédito: Carolyn Kaster/AP
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April 28, 2017 | Lorella Praeli, one of DACA's most recognizable faces, is named the ACLU's new Immigration Policy Leader. The agency has turned courts and legislatures into a battlefield against Donald Trump and his immigration decisions.
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2017 | Amid fears that the Trump administration might do away with DACA, lawmakers on both sides of the aisle have introduced legislation in recent months to protect Dreamers. Passing legislation in Congress to protect undocumented youth has long been an elusive goal, with a number of failed attempts since 2001.
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June 29, 2017 | Texas Attorney General Ken Paxton, along with nine state attorneys general and the governor of Idaho, threatened to sue the Trump administration if it does not cancel DACA by September 5. As they await a decision, Dreamers are on edge again.