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`Nos. 18-587, 18-588, and 18-589
`IN THE
`Supreme Court of the United States
`DEPARTMENT OF
`HOMELAND SECURITY, ET AL., Petitioners,
`v.
`REGENTS OF THE UNIVERSITY
`OF CALIFORNIA, ET AL.,
`Respondents.
`DONALD J. TRUMP, PRESIDENT OF THE
`UNITED STATES, ET AL.,
`Petitioners,
`v.
`NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF
`COLORED PEOPLE, ET AL., Respondents.
`KEVIN K. MCALEENAN, ACTING SECRETARY OF
`HOMELAND SECURITY, ET AL., Petitioners,
`v.
`MARTIN JONATHAN BATALLA VIDAL, ET AL., Respondents.
`ON WRITS OF CERTIORARI TO THE
`UNITED STATES COURTS OF APPEALS FOR THE
`NINTH, D.C., AND SECOND CIRCUITS
`BRIEF OF TIM COOK, DEIRDRE O’BRIEN, AND
`APPLE AS AMICI CURIAE
`IN SUPPORT OF RESPONDENTS
`Mark S. Davies
`E. Joshua Rosenkranz
`Thomas M. Bondy
`Counsel of Record
`ORRICK, HERRINGTON &
`Jeremy R. Peterman
`SUTCLIFFE LLP
`Upnit K. Bhatti
`51 West 52nd Street
`Aaron Brecher
`ORRICK, HERRINGTON &
`New York, NY 10019
`(212) 506-5000
`SUTCLIFFE LLP
`1152 15th Street, N.W.
`jrosenkranz@orrick.com
`Washington, D.C. 20005
`
`Counsel for Amici Curiae
`
`___________________________________________________________________
`
`___________________________________________________________________
`
`___________________________________________________________________
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`___________________________________________________________________
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`i
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`TABLE OF CONTENTS
`
`Page
`TABLE OF AUTHORITIES ..................................... ii
`INTEREST OF AMICI CURIAE .............................. 1
`INTRODUCTION AND SUMMARY OF
`ARGUMENT ....................................................... 2
`ARGUMENT ............................................................. 4
`CONCLUSION ........................................................ 16
`
`
`
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`
`
`ii
`
`TABLE OF AUTHORITIES
`
` Page(s)
`
`Cases
`NLRB v. Bell Aerospace Co.,
`416 U.S. 267 (1974) .............................................. 15
`Perez v. Mortg. Bankers Ass’n,
`135 S. Ct. 1199 (2015) .......................................... 15
`Smiley v. Citibank (S.D.), N.A.,
`517 U.S. 735 (1996) .............................................. 15
`United States v. Penn. Indus. Chem. Corp.,
`411 U.S. 655 (1973) .............................................. 15
`
`Other Authorities
`Tim Cook & Charles Koch, Congress must act
`on the ‘dreamers’, Wash. Post (Dec. 14,
`2017), https://tinyurl.com/y4rkuzdl ..................... 13
`Letter from Tim Cook et al. to Donald J.
`Trump, Paul Ryan, Nancy Pelosi, Mitch
`McConnell, and Charles Schumer (Aug. 31,
`2017), https://tinyurl.com/y6byjda9 ..................... 14
`
`Global Diversity & Inclusion: Fostering
`Innovation Through a Diverse Workforce,
`Forbes Insights (July 2011),
`https://tinyurl.com/y7plo7qh ................................ 14
`
`
`
`iii
`
`Sylvia Ann Hewlett et al., How Diversity Can
`Drive Innovation, Harv. Bus. Rev. (Dec.
`2013), https://tinyurl.com/j8nyu8k ....................... 13
`Anna Powers, A Study Finds That Diverse
`Companies Produce 19% More Revenue,
`Forbes (June 27, 2018),
`https://tinyurl.com/y5tk7lsn ................................. 13
`Ellyn Shook & Julie Sweet, Getting to Equal
`2019: Creating a Culture That Drives
`Innovation, Accenture (2019),
`https://tinyurl.com/y6alhclq ................................. 13
`
`
`
`
`
`INTEREST OF AMICI CURIAE1
`Apple is a company rooted in innovation that aims
`to make the world a better place. Tim Cook is its CEO,
`and Deirdre O’Brien is its Senior Vice President of Re-
`tail and People. Mr. Cook joined Apple in 1998, and
`Ms. O’Brien in 1988. In this submission, Mr. Cook and
`Ms. O’Brien speak for Apple and, importantly, for
`themselves. Apple has filed numerous briefs before
`this Court, but this is the first time we lend our own
`names as well. We do so here to stress that not only
`does Apple care as a company, but we care as leaders,
`colleagues, and human beings. This is an issue we feel
`to our core.
`Since 1976, Apple has made its name by design-
`ing, developing, selling, and maintaining cutting-edge
`consumer electronics including mobile communica-
`tions devices, personal computers, and related soft-
`ware and services. Apple’s success stems from its
`people. They shape and embody Apple’s culture of in-
`novation. Apple employs a diverse workforce of over
`90,000 employees in the United States alone.
`Among those people are hundreds of DACA recip-
`ients who had no say in the decision to travel to this
`country and have known no other home. Apple em-
`ploys DACA recipients who embody Apple’s commit-
`ment to innovation in a wide variety of positions. As
`
`1 The parties have consented to the filing of this brief. No
`counsel for a party authored the brief in whole or in part. No
`party, counsel for a party, or any person other than amici and
`their counsel made a monetary contribution intended to fund the
`preparation or submission of the brief.
`
`
`
`2
`
`we explain below, they, and immigrants like them,
`are vital to Apple’s success. They spark creativity and
`help drive innovation. They are among our most
`driven and selfless colleagues.
`Our interest in this case is simple: We are dis-
`tressed at the prospect of ripping our DACA col-
`leagues from the fabric of our company. This issue is
`a moral one: Our country made a deal with a highly
`vulnerable population interested in a bright future,
`and we should keep that deal.
`
`INTRODUCTION AND
`SUMMARY OF ARGUMENT
`We are often asked, “How does Apple do it?” How
`has Apple devised a parade of revolutionary new
`products and services that no one ever imagined? How
`has Apple achieved one technological breakthrough
`after another? How has Apple made its products so
`consistently innovative and appealing that people all
`across the world, from all walks of life, enjoy them?
`The answer is our people. Our recipe for success
`is simple: Hire the best people, from the most diverse
`backgrounds. They will solve the most challenging
`technological problems. They will find new ways to
`connect to the broadest population and new ways to
`provide the best customer experience. This is Apple’s
`innovation strategy. It is all about the people—and
`their rich diversity.
`After the DACA program was created, Apple ea-
`gerly sought out and hired Dreamers—relying on the
`commitment our government made to them. Today,
`
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`3
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`Apple employs 443 Dreamers who come from more
`than 25 different countries on four continents. We did
`not hire them out of kindness or charity. We did it be-
`cause Dreamers embody Apple’s innovation strategy.
`They come from diverse backgrounds and display a
`wide range of skills and experiences that equip them
`to tackle problems from different perspectives. Be-
`cause they thrived in the face of adversity, they often
`exhibit extraordinary levels of grit and drive.
`We can say from experience that DACA promotes
`innovation—for us at Apple and for companies all
`across the United States. This brief features the sto-
`ries of five of our DACA colleagues who play vital
`roles throughout Apple. They help shape our culture.
`Their personal stories, work ethic, and success inspire
`us. Apple and companies like it would be weaker and
`less competitive without these extraordinary individ-
`uals in our workforce. They have earned the right to
`continue to contribute to our company and to our so-
`ciety.
`Which brings us to a broader—and more funda-
`mental—point. One of Apple’s core values is the belief
`that equal opportunities should be available for all,
`regardless of background. The United States is at its
`best when all people are free to pursue their dreams.
`Our country has enjoyed unparalleled success by wel-
`coming people from around the world who seek to
`make a better life for themselves and their families,
`no matter their backgrounds.
`DACA is an embodiment of those ideals. The
`Dreamers were brought to this country at a young
`age, typically through no choice of their own. When
`
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`4
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`they were old enough to make their own choices, our
`country offered them a deal, which they accepted at
`great personal peril. They fulfilled their end of the
`bargain. They have done everything right. In their
`patriotism, dedication to their families and communi-
`ties, and commitment to making their country a bet-
`ter place, they are as American as any of us. They
`simply want the opportunity to continue to work,
`meet their obligations to society, raise and support
`their families, and pursue the American dream. We
`collectively have a moral obligation to uphold our end
`of the bargain. When we do, our country will be richer
`for it.
`
`ARGUMENT
`1. Apple did not become one of the most successful
`companies in the history of the world by doing things
`conventionally. Apple’s success story is a story of in-
`novation. We have succeeded by disrupting the mar-
`ketplace with revolutionary products, novel strategies
`to engage the public, and new approaches to customer
`interactions. None of this would have happened with-
`out our diverse workforce.
`For Apple, diversity is a technological and busi-
`ness imperative. Suppose you need to solve a compli-
`cated, multifaceted problem.
`It
`could be a
`technological problem that no one else has ever fig-
`ured out, such as how to make a transparent
`touchscreen that can respond to multiple touches;
`how to make a watch provide life-saving assistance;
`or how to fulfill the promise of augmented reality. It
`could be a customer-relations challenge, such as how
`
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`5
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`to teach the latest technology to someone who is buy-
`ing her first smartphone; or how to ensure Apple cus-
`tomers receive the very best service when they are
`ready to purchase a new device. It could be a problem
`across hundreds of dimensions.
`One approach is to gather a group of problem solv-
`ers with the same upbringing, experiences, and edu-
`cations. That is a recipe for group think. Apple strives
`to gather together a diverse group, with wildly differ-
`ent perspectives, educations, and life experiences.
`When you do that magical things happen. You find
`better solutions. You intuit things about customers
`who are not the same as you. That is how you inno-
`vate.
`2. It is this culture of innovation—this technolog-
`ical imperative—that first attracted us to Dreamers.
`Apple’s investment in Dreamers has paid huge divi-
`dends. Dreamers fuel creativity, broaden knowledge,
`and help drive innovation. They inspire all of us. They
`make Apple better. They make our country better.
`Apple employs Dreamers across 36 states and in
`all regions of the country. Dreamers at Apple run the
`gamut of roles within the company. They are Hard-
`ware Development Engineers, Software Engineers
`and Technicians, Retail Store Geniuses, and Support
`and Operations Specialists. With their diverse expe-
`riences and educational backgrounds, they bring dif-
`ferent technological solutions to the table. Speaking
`numerous languages, they also educate customers on
`the latest technology and help repair broken devices
`in Apple’s stores. Having grown up in families from
`
`
`
`6
`
`different cultures, they display different sensibilities
`about customer interactions.
`Each brings his or her own story of adversity,
`achievement, and commitment to excellence. Each
`contributes to Apple’s success in his or her own way—
`and in ways that would not be replicated by plugging
`just any cog into the wheel. As a group, they tend to
`display levels of determination and resolve that would
`be the pride of any business. We could tell you 443
`stories to illustrate these attributes. Instead, we will
`focus on an illustrative five.2
`D.O. came from Mexico as an eight-year-old when
`his mother sacrificed everything to reunite with her
`family in the United States. He saw his mother strug-
`gle to find a steady job and then ultimately “work in
`the fields. It [wa]s really hard, manual labor. It is so
`tough on her body and I see how it wears her out. So
`seeing my mom have to work like that, I knew I
`needed to do everything I could, work as hard as I
`could, to get a job that would allow her to stop working
`in the fields. You know, working in the fields, you
`don’t get benefits, you don’t get a retirement plan. I’m
`my mom’s retirement plan.” Growing up, D.O.’s main
`goal was to own a computer. “I always had to work
`just to get my hands on a device.” He focused his in-
`terest and passion for computers toward helping his
`community. He helped students learn how to code and
`worked as a program coordinator, teaching students
`
`2 All Dreamers are highly vulnerable and fear retribution.
`The Dreamers in the stories below have authorized us to use
`their initials, except for “A.B.,” who requested complete anonym-
`ity.
`
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`7
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`the skills they needed to succeed in software engineer-
`ing. “These jobs focused on giving back to my commu-
`nity, and the reason why I give back is because I’ve
`seen what can happen to kids like me if they don’t get
`opportunities to be on a laptop and get their hands on
`the programs that they want to write. Due to the way
`I grew up and what I wanted to do, it was hard to get
`the opportunities that I had.”
`D.O. explains how his background affects his pro-
`fessional endeavors. “I think the adversity I faced led
`me to develop a really strong work ethic that allowed
`me to succeed. I attended a college program where you
`could graduate with your bachelor’s in three years in-
`stead of four—but that meant no breaks, no summers
`off. All school all the time. It was an intense schedule
`but because of my drive to get my mom out of her
`manual labor job, I was able to stay committed to the
`program.”
`That drive has contributed to D.O.’s success at
`Apple, which hired him out of college as a software
`development engineer in Sunnyvale, California. Rec-
`ognizing his work ethic and skills, D.O.’s supervisors
`have commented, “He was learning so fast that we
`couldn’t even keep up with him!” D.O. was hired about
`four weeks ago and is already known for his research
`skills and for his ability “to come up with his own
`ideas.” It was an “easy decision to hire him. He was as
`brilliant as anybody we could get. He is of the highest
`caliber for any new college hire.” Given his “determi-
`nation, ability to learn, and keenness to provide new
`ideas, he [has become a] well-respected team mem-
`ber.”
`
`
`
`8
`
`* * *
`W.V.’s father faced struggles in Peru and moved
`to the United States, leaving his family behind for
`several years. W.V. was eight years old when his fa-
`ther brought him here. W.V. says he is motivated by
`“the sacrifices my mom and dad made. My dad never
`saw his family again.” At first, he says, “I didn’t have
`a drive. Because there was no DACA back then, I
`knew I wouldn’t be able to get a job so I didn’t have
`the drive to do well. But when my dad passed away, I
`knew I had to work hard.” He simply had to support
`his mother and sister. The obstacles W.V. faced
`helped him learn how to think outside the box. “I’ve
`been in some [difficult situations]. But just like my
`dad, I’m going to go with it. Just going with the flow
`and finding the best solution that I can find.”
`Apple originally hired W.V. as a contractor. But
`managers quickly noticed his unique abilities and he
`was offered a full-time position as a Maps Analyst.
`His supervisor emphasizes that W.V. has always been
`“a top performer and takes initiative and runs with
`anything we give him.” He is “one of the best people
`I’ve had working for me. He’s become an indispensa-
`ble part of my group.” If W.V. had to leave the country,
`his supervisor worries, “I don’t know if his replace-
`ment would be able to do what he can do.”
`* * *
`A.B. was born and raised in a small town in Mex-
`ico. She was brought to the United States at the age
`of eight. Her sister was born in the United States.
`Growing up, she says, “I knew I would not have the
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`9
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`same opportunity to continue my education after high
`school or even have a standard career like my sister
`due to my legal status.” So she “had to get creative
`and find a different path to success.” A.B. gets her mo-
`tivation from her mother who cleans houses for a liv-
`ing. She says, “Her work ethic drives me. I learned to
`give it 110% because of her.” A.B. started working at
`a very young age. She explains, “I had to make sure
`what my family went through wasn’t for nothing.”
`DACA gave her hope and opportunity. She made it to
`Apple, where she now works in an Apple store in Lou-
`isville. She explains how her background prepared
`her for her current job at Apple. “I’m not above any-
`thing. My mom is a cleaning lady. I can do anything.
`I can tackle anything. She doesn’t even know the lan-
`guage, but she’s out there. So what’s stopping me?”
`Her struggles have taught her to “be more patient and
`put my energy in my work, even if it’s the energy
`that’s fueled by people hating on me or misunder-
`standing me.”
`A.B.’s supervisor also describes her as “a super-
`star!” “She’s one of the most positive team members
`that I’m lucky enough to lead.” A.B. started out as a
`part-time employee, but “I sat her down and asked
`her to come on full-time because she was so positive.
`She offers to stay late or work in another area of the
`store every day just to support the store.” She re-
`counts that “we just recognized her two days ago. I
`talked to my leaders about how great she is. She’s
`quick, accurate, and knows how to engage with cus-
`tomers. She’s very personable. She’s one of my favor-
`ites!”
`
`* * *
`
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`10
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`K.G.’s parents arranged for him to come to the
`United States from Mexico when he was eight years
`old to join his father, who had moved earlier. “Living
`without my dad for a good long time was difficult,” he
`recounts. “Financially, we were not very stable. For
`us to come here to the U.S., mom had to sell her car.
`We had to travel from Central Mexico.” K.G.’s empa-
`thy and work ethic were driven by tough circum-
`stances that have fostered a sense of gratitude for his
`chances here. He explains, “These tough circum-
`stances changed how I see things in life. I matured
`faster because of that. Changed [because of] my hav-
`ing to learn a whole new language.” Because of these
`hardships, “I’ve been able to push myself more to look
`for the things that I want and work harder.” Within a
`year of coming to the United States, “I was already
`speaking English fairly fluently. I now speak three
`languages.”
`K.G. now works as a part of our AppleCare team
`in Austin. Though he’s been with Apple less than a
`year, he is already impressing supervisors with his
`ability to pick up details of Apple’s procedures. He ex-
`plains what drives him: “I want to be more successful
`than what my parents were able to be. They brought
`me here to become a better person and have better
`luck than they had. [So] I appreciate every oppor-
`tunity I’m presented, and I always try to do my best.”
`* * *
`L.D. was five when she moved to the United
`States from Brazil with her parents. At such a young
`age, she didn’t realize how her life would change and
`what obstacles she would face, but growing up she
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`learned this fact very quickly. “I saw how difficult it
`was for my parents and how it may be for me and my
`sister. We couldn’t visit our family. When my grand-
`parents passed away, my parents couldn’t go back.
`People always judge us and ask why we’re here. It’s
`uncomfortable because we can’t share our story be-
`cause we don’t know how someone will take it.” But
`“DACA helped me and my sister not feel different
`from everyone else.”
`L.D. is now working as a Retail Specialist at Ap-
`ple. Her supervisors have asked her to train new em-
`ployees even though that function was not initially
`part of her official job description. She attributes her
`success to her ability to “educat[e herself] about eve-
`rything that’s going on.” She’s also “able to relate with
`everyone and care about everyone. Even if I don’t
`speak their language, I’m able to relate and be patient
`with them because I saw that with my parents who
`didn’t speak English.”
`Her supervisors “appreciate [her] diversity and
`[her] customer focus, and [she] gets opportunities oth-
`ers don’t” because of her unique skills. “We can lean
`on her for a lot of things,” her supervisors stress. “One
`thing that sticks out is her ability to connect with peo-
`ple and embody our values.” L.D. is “one out of 2
`among 100 of our employees who has been chosen to
`train new employees on Apple’s values, products, and
`how to connect with our customers.” We “want her to
`be the first impression [our new employees] have with
`Apple.” “Others can also speak multiple languages,
`but they cannot relate to customers like her.” Coming
`from another country, “she can connect with custom-
`ers in a unique way—other employees can’t provide
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`12
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`that exceptional experience.” In our customer re-
`views, she is rated “one of the highest consistently.”
`* * *
`As different as these stories are, they all have a
`few things in common. First, they display how unique
`backgrounds have translated into tangible skills and
`capabilities that set Apple apart in every arena. Sec-
`ond, they display the grit that inevitably translates
`into personal and collective success.
`Third, they inspire us—all of us, at every level of
`the company. Apple would quite literally not exist
`without a brilliant and driven population of immi-
`grants. Apple founder Steve Jobs’s father immigrated
`from Syria. Dreamers form a pipeline from which fu-
`ture managers and leaders will be drawn. Each is an
`innovator with promotion potential, and we would be
`thrilled if they spent their careers at Apple. Infusions
`of talent like the Dreamers from around the globe sus-
`tain and help drive Apple’s ability to thrive. Every one
`of these talented Dreamers should have the same op-
`portunities as Steve did to create, work hard, and help
`change the world for the better.
`Fourth, these are all quintessentially American
`stories—stories about the American Dream: Come
`from nothing, follow the rules, work hard, contribute,
`and then prosper and make us all more prosperous.
`3. Apple is not the only company that subscribes
`to the view that diversity drives innovation—and that
`has found huge value in hiring DACA recipients. This
`Court will hear from many tech companies—run by
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`13
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`executives across the ideological spectrum—who will
`confirm that they subscribe to the same philosophy.3
`That is why we say (as we have published with
`Charles Koch): “For our nation to maximize progress
`and prosperity, we need more, not fewer, talented peo-
`ple at the table.”4 The path to our country’s continued
`success is to bring in the best and most diverse team
`of problem-solvers.
`Several studies have shown that organizations
`with diverse employees are significantly more likely
`to experience growth and success.5 For example, a
`study based on “a nationally representative survey of
`1,800 professionals, 40 case studies, and numerous fo-
`cus groups and interviews” found that companies
`with managers who have diverse traits and varied life
`experiences “are 45% likelier to report a growth in
`market share over the previous year and 70% likelier
`to report that the firm captured a new market.”6 An-
`other study by the Boston Consulting Group found
`
`
`3 Apple fully endorses the Coalition for the American
`Dream’s amicus brief.
`4 Tim Cook & Charles Koch, Congress must act on the
`‘dreamers’, Wash. Post
`(Dec.
`14,
`2017), https://ti-
`nyurl.com/y4rkuzdl.
`5 Sylvia Ann Hewlett et al., How Diversity Can Drive Inno-
`vation, Harv. Bus. Rev. (Dec. 2013), https://tinyurl.com/j8nyu8k;
`see also Ellyn Shook & Julie Sweet, Getting to Equal 2019: Cre-
`ating a Culture That Drives Innovation, Accenture (2019),
`https://tinyurl.com/y6alhclq.
`6 Hewlett et al., supra.
`
`
`
`
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`14
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`that “diversity increases the bottom line for compa-
`nies.”7
`Companies have recognized how diversity fuels
`success.8 That is why hundreds of America’s most im-
`portant business leaders wrote to the Administration
`emphasizing DACA’s benefits and urging it to pre-
`serve the program, explaining that “Dreamers are vi-
`tal to the future of our companies and our economy”
`and part of America’s “global competitive ad-
`vantage.”9
`4. Most of the Dreamers had no say in the decision
`to travel to this country and have known no other
`home. By adopting the DACA program, this country
`
`7 Anna Powers, A Study Finds That Diverse Companies Pro-
`duce 19% More Revenue, Forbes (June 27, 2018), https://ti-
`nyurl.com/y5tk7lsn.
`8 See generally Global Diversity & Inclusion: Fostering In-
`novation Through a Diverse Workforce, Forbes Insights (July
`2011), https://tinyurl.com/y7plo7qh (“Diversity fosters creativ-
`ity. We need to generate the best ideas from our people in all
`levels of the company and incorporate them into our business
`practices.” –Frédéric Rozé, President and CEO, L’Oréal USA);
`id. (“We are in 75 countries and we want to hire the best talent
`in each locale. Diverse teams and companies make better deci-
`sions.” –Eileen Taylor, global head of diversity until 2013,
`Deutsche Bank); id. (“We couldn’t have gone through all of the
`mergers and acquisitions and continue to be successful without
`having a diverse workforce. It’s important to our business strat-
`egy and it makes us more innovative and competitive.” –Debbie
`Storey, senior vice president of talent development and chief di-
`versity officer until 2015, AT&T).
`9 Letter from Tim Cook et al. to Donald J. Trump, Paul
`Ryan, Nancy Pelosi, Mitch McConnell, and Charles Schumer
`(Aug. 31, 2017), https://tinyurl.com/y6byjda9.
`
`
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`15
`
`acknowledged their sacrifice and offered them a path
`to continuing the lives they loved and formalizing
`their contributions to American society. With the
`promise of deferred action and permission to seek
`work and stay long term, 800,000 young people
`stepped forward, shared highly sensitive personal in-
`formation, passed a background check, and played by
`the rules. Their decision to do so was quite literally
`life-altering, and irreversible. DACA status affected
`Dreamers’ decisions about whether and where to ap-
`ply to college, seek jobs, and travel. The Dreamers
`took us at our word. They held up their end of the bar-
`gain. They have worked hard, paid taxes, and contrib-
`uted to our society and to their communities.
`This Court has recognized that “serious reliance
`interests” like these carry significant legal weight. Pe-
`rez v. Mortg. Bankers Ass’n, 135 S. Ct. 1199, 1209
`(2015); Smiley v. Citibank (S.D.), N.A., 517 U.S. 735,
`742 (1996); see also NLRB v. Bell Aerospace Co., 416
`U.S. 267, 295 (1974) (warning against agency actions
`“impos[ing]” “new liability … on individuals for past
`actions which were taken in good-faith reliance on
`[agency] pronouncements”); United States v. Penn. In-
`dus. Chem. Corp., 411 U.S. 655, 670-75 (1973) (requir-
`ing consideration of reliance interests).
`This is an issue where one’s head and heart lead
`to the same conclusion. We collectively owe it to the
`Dreamers to hold up our end of the bargain. It is not
`just a legal requirement. It is the moral thing to do.
`Who are we as a country if we renege? What does it
`say about us as a people to turn our backs on the
`Dreamers now?
`
`
`
`16
`
`CONCLUSION
`This Court should affirm the judgments below.
`Respectfully submitted,
`
`Mark S. Davies
`Thomas M. Bondy
`Jeremy R. Peterman
`Upnit K. Bhatti
`Aaron Brecher
`ORRICK, HERRINGTON &
`SUTCLIFFE LLP
`1152 15th Street, N.W.
`Washington, D.C. 20005
`
`E. Joshua Rosenkranz
`Counsel of Record
`ORRICK, HERRINGTON &
`SUTCLIFFE LLP
`51 West 52nd Street
`New York, NY 10019
`(212) 506-5000
`jrosenkranz@orrick.com
`
`
`
`
`
`October 2, 2019
`
`
`
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