Wednesday, March 7, 2018

Will DACA developments affect UC?

We have been posting about DACA and the position taken by UC. Two recent developments have occurred:

1) Although the recent judicial rulings keeping DACA in place were not overridden, a federal judge has now ruled for the Trump administration:

A federal district judge in Maryland on Monday upheld the Trump administration’s decision to end the Deferred Action for Childhood Arrivals program, which offers temporary protection against deportation and provides the right to work to hundreds of thousands of undocumented immigrants who were brought to the U.S. as children, known as Dreamers. The ruling has no immediate practical effect, as federal judges in California and New York previously ordered nationwide temporary injunctions barring the Trump administration from ending the program as planned.

Whereas the other two district judges found that the administration’s reasoning for ending DACA was arbitrary and capricious and based on the flawed legal conclusion that DACA was unlawful, Judge Roger W. Titus of the U.S. District Court for the District of Maryland found that based on a review of the administrative record, “it was reasonable for [the Department of Homeland Security] to have concluded -- right or wrong -- that DACA was unlawful and should be wound down in an orderly manner.”

Judge Titus indicated he would have preferred to come to a different conclusion. “The result of this case is not one that this Court would choose if it were a member of a different branch of our government,” the opinion states. “An overwhelming percentage of Americans support protections for 'Dreamers,' yet it is not the province of the judiciary to provide legislative or executive actions when those entrusted with those responsibilities fail to act.”...

Full story at

2) The so-called California "sanctuary state" law has been challenged by the U.S. Dept. of Justice (DOJ). (The words "sanctuary state" are actually not found in the law.) It appears from news reports that the challenge is confined to the state law and does not include UC's internal policies that are similar. Presumably, if the DOJ were successful in its litigation, UC's similar policies could be affected.

On the DOJ challenge, see:

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