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.
`
`________________
`
`On Writ of Certiorari to the United States Court of
`Appeals for the Ninth Circuit
`________________
`
`BRIEF OF UNITED WE DREAM AND 50
`ORGANIZATIONS AS AMICI CURIAE
`IN SUPPORT OF RESPONDENTS
`________________
`
`GEOFFREY BROUNELL
`DAVIS WRIGHT TREMAINE
` LLP
`1251 Avenue of the Americas
`21st Floor
`New York, N.Y. 10020
`Tel. (212) 489-8230
`geoffreybrounell@dwt.com
`
`PETER KARANJIA*
`MELISSA L. TURCIOS
`DLA PIPER LLP (US)
`500 Eighth Street, NW
`Washington, D.C. 20004
`Tel. (202) 799-4000
`peter.karanjia@dlapiper.com
`*Counsel of Record
`
`
`Counsel for Amici Curiae
`
`October 2, 2019
`
`
`
`Additional Captions Listed on Inside Cover
`
`
`
`
`
`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.
`
`________________
`
`On Writ of Certiorari to the United States Court of
`Appeals for the Ninth Circuit
`________________
`
`BRIEF OF UNITED WE DREAM AND 50
`ORGANIZATIONS AS AMICI CURIAE
`IN SUPPORT OF RESPONDENTS
`________________
`
`GEOFFREY BROUNELL
`DAVIS WRIGHT TREMAINE
` LLP
`1251 Avenue of the Americas
`21st Floor
`New York, N.Y. 10020
`Tel. (212) 489-8230
`geoffreybrounell@dwt.com
`
`PETER KARANJIA*
`MELISSA L. TURCIOS
`DLA PIPER LLP (US)
`500 Eighth Street, NW
`Washington, D.C. 20004
`Tel. (202) 799-4000
`peter.karanjia@dlapiper.com
`*Counsel of Record
`
`
`Counsel for Amici Curiae
`
`October 2, 2019
`
`
`
`Additional Captions Listed on Inside Cover
`
`
`
`
`
`
`DONALD J. TRUMP, PRESIDENT OF THE UNITED
`STATES, et al.,
`
`Petitioners,
`
`v.
`
`NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF
`COLORED PEOPLE, et al.,
`Respondents.
`
`________________
`
`On Writ of Certiorari to the United States Court of
`Appeals for the District of Columbia Circuit
`________________
`
`KEVIN K. MCALEENAN, ACTING SECRETARY OF
`HOMELAND SECURITY, et al.,
`Petitioners,
`
`v.
`
`MARTIN JONATHAN BATALLA VIDAL, et al.,
`Respondents.
`
`________________
`
`On Writ of Certiorari to the United States Court of
`Appeals for the Second Circuit
`
`
`
`
`
`
`
`
`
`
`
`TABLE OF CONTENTS
`
`TABLE OF AUTHORITIES ...................................... i
`
`INTEREST OF AMICI CURIAE .............................. 1
`
`INTRODUCTION AND SUMMARY OF
`ARGUMENT ............................................................. 3
`
`ARGUMENT ............................................................. 5
`
`The Stories of a Cross-Section of DACA
`Recipients Illustrate the Program’s
`Critical Role in Improving the Lives of
`Promising Young Individuals, Their
`Families, Local Communities, and the
`Nation ............................................................. 5
`
`A.
`
`B.
`
`DACA Has Allowed Recipients to
`Maximize Their Potential, While
`Enriching American Schools and
`Universities .......................................... 9
`
`DACA Has Empowered Recipients
`to Found Start-Up Businesses,
`Create Jobs, and Otherwise
`Realize Their Career Potential ......... 16
`
`1.
`
`2.
`
`DACA Increases Job
`Opportunity and Earning
`Power ....................................... 16
`
`DACA Has Jump-Started
`a Wave of
`Entrepreneurialism ................. 19
`
`C.
`
`DACA Has Enabled Recipients to
`Support Their Families and Social
`Networks, Which Include Many
`United States Citizens....................... 22
`
`
`
`
`
`TABLE OF CONTENTS—Cont’d
`
`Page(s)
`
`D.
`
`E.
`
`F.
`
`DACA Has Made It Possible for
`Recipients to Obtain Careers That
`Serve the American Public ................ 25
`
`DACA Has Enabled Recipients to
`Serve Their Communities as
`Volunteers and Organizers ............... 29
`
`DACA Has Empowered Many
`Young Immigrants to Live Their
`Lives in the Open Without Fear of
`Persecution or Harassment ............... 33
`
`CONCLUSION ........................................................ 37
`
`APPENDIX .............................................................. 1A
`
`
`
`
`
`
`
`(i)
`
`TABLE OF AUTHORITIES
`
` Page(s)
`
`Case
`
`CASA de Maryland v. United States Department
`of Homeland Security, 924 F.3d 684
`(4th Cir. 2019), petition for cert. pending,
`No. 18-1469 (filed May 24, 2019) ...................2, 35
`
`Statutes and Regulations
`
`Act of May 24, 2013, ch. 99, 2013 Minn. Laws 752
` ........................................................................... 10
`
`Ala. Code § 31-13-8 (2019) ..................................... 10
`
`Cal. Educ. Code § 66021.6 (West 2013) ................. 11
`
`N.J. Stat. Ann. 18A:3B-79 (West 2019) ................. 10
`
`N.Y. Educ. Law:
`
`
`
`
`
`§ 355(8) (McKinney 2019) ................................. 10
`
`§ 6206(7)(a) (McKinney 2019) .......................... 10
`
`Or. Rev. Stat. § 352.287 (2009) .............................. 10
`
`S.C. Code Ann. § 59-101-430 (2008) ...................... 10
`
`Tex. Educ. Code Ann. §§ 54.051-.057 (West 2005) 10
`
`
`
`
`
`(ii)
`
`Page(s)
`
`Other Authorities
`
`Catalina Amuedo-Dorantes &
`Francisca Antman, Can Authorization
`Reduce Poverty among Undocumented
`Immigrants? Evidence from the Deferred
`Action for Childhood Arrivals Program,
`147 Econ. Letters (2016) ................................... 22
`
`Associated Press, ‘Dreamer,’ Rhodes scholar
`Jin Park to attend State of the Union,
`NBC News (Jan. 31, 2019),
`https://nbcnews.to/2Bkbzvg .............................. 14
`
`Ike Brannon & Logan Albright, The Economic
`and Fiscal Impact of Repealing DACA,
`Cato Inst. (Jan. 18, 2017), https://bit.ly/2k1hn1R
` ............................................................................. 8
`
`Alexandra A. Chaidez & Sanjana L. Narayanan,
`Harvard Senior Becomes First DACA Recipient
`to Win Rhodes Scholarship, Harv. Crimson
`(Nov. 19, 2018), https://bit.ly/2QTJz7H ........... 12
`
`City of Orlando, Exec. & Admin. Offices,
`Fair Treatment of All (Trust Act Policy)
`§ 100.3 (adopted July 23, 2018),
`https://bit.ly/2p05O2N ...................................... 28
`
`Democrats of the Comm. on Small Bus.,
`Report: Economic Impact of DACA:
`Spotlight on Small Business (Feb. 2018),
`https://bit.ly/2JQKpRZ........................................ 8
`
`
`
`
`
`(iii)
`
`Page(s)
`
`Exec. Order No. 13,768, 82 Fed. Reg. 8800
`(Jan. 25, 2017) .................................................... 5
`
`Roberto G. Gonzales & Angie M.
`Bautista-Chavez, Two Years and
`Counting: Assessing the Growing Power
`of DACA, Am. Immigration Council
`(June 2014), https://bit.ly/2mTP5xe ................. 16
`
`H.B. 2691, § 15(a), 101st Gen. Assem.,
`Reg. Sess. (Ill. 2019) (Pub. Act No.
`101-0021), https://bit.ly/2mFIQ08 .................... 10
`
`Misha E. Hill & Meg Wiehe, Inst. Tax’n &
`Econ. Pol’y, State & Local Tax Contributions
` of Young Undocumented Immigrants
`(Apr. 2018), https://bit.ly/2mWzYTL ................ 17
`
`Sari Pekkala Kerr & William R. Kerr,
`Immigrants Play a Disproportionate
`Role in American Entrepreneurship,
`Harv. Bus. Rev. (Oct. 3, 2016) .......................... 19
`
`Elira Kuka et al., Do Human Capital
`Decisions Respond to the Returns to
`Education? Evidence from DACA, Nat’l
`Bureau of Econ. Research (Feb. 2018),
`https://bit.ly/2mTVOY7 .............................. 11, 12
`
`Jose Magaña-Salgado & Tom K. Wong,
`Draining the Trust Funds: Ending DACA
`and the Consequences to Social Security
`and Medicare, Immigrant Legal Res. Ctr.
`(Oct. 2017), https://bit.ly/2mTN9F7 ................... 8
`
`
`
`
`
`(iv)
`
`Page(s)
`
`Memorandum from Sec’y of U.S. Dep’t
`Homeland Sec. to Kevin McAleenan et al.,
`Enforcement of the Immigration Laws to
`Serve the National Interest (Feb. 20, 2017),
`https://bit.ly/2miirQd .......................................... 5
`
`Jin Park, Opinion: I’m a Dreamer and
`Rhodes Scholar. Where Do I Belong?,
`N.Y. Times (Jan. 11, 2009),
`https://nyti.ms/2FuPTiW .................................. 12
`
`Caitlin Patler & Jorje A. Cabrera, From
`Undocumented to DACAmented: Impacts of the
`Deferred Action for Childhood Arrivals (DACA)
`Program Three Years Following its
`Announcement (June 2015),
`http://bit.ly/1R7Sz1c ................................... 10, 22
`
`Zenén Jaimes Pérez, A Portrait of Deferred
`Action for Childhood Arrivals Recipients:
`Challenges and Opportunities Three-Years Later
`21, United We Dream (Oct. 2015),
`https://bit.ly/2osP9Vl ........................................ 11
`
`Zenén Jaimes Pérez, How DACA Has
`Improved the Lives of Undocumented
`Young People, Ctr. for Am. Progress (Nov. 19,
`2014), http://ampr.gs/1O7iTHA ........................ 11
`
`Press Release, U.S. Census Bureau, Highest
`Educational Levels Reached by Adults in the
`U.S. Since 1940 (Mar. 2017),
`https://bit.ly/2nFBkSb ...................................... 12
`
`
`
`
`
`(v)
`
`Page(s)
`
`Protecting Dreamers and TPS Recipients:
`Hearing Before the H. Comm. on the
`Judiciary, 116th Cong. (2019),
`https://bit.ly/2mWoIGZ ............................... 13, 18
`
`Sofar Sounds, Mannywellz - Alright Rendition |
`Sofar NYC, YouTube (Jan. 23, 2017),
`https://bit.ly/2man6ct ........................................ 20
`
`Nicole Prchal Svajlenka et al., A New Threat to
`DACA Could Cost States Billions of Dollars,
`Ctr. for Am. Progress (July 21, 2017),
`https://ampr.gs/2uI9Deh ..................................... 8
`
`Nicole Prchal Svajlenka, What We Know About
`DACA Recipients in the United States,
`Ctr. for Am. Progress (Sep. 5, 2019),
`https://ampr.gs/2kvp0DE .....................7, 8, 22, 24
`
`Univ. Leaders for Educ. Access & Diversity
`Network, Policy Environment—Select a State to
`See the Policies, https://bit.ly/2ocRK5q ............ 11
`
`Tom K. Wong et al., DACA Recipients’
`Livelihoods, Families, and Sense of
`Security Are at Stake This November,
`Ctr. for Am. Progress (Sept. 19, 2019),
`https://ampr.gs/2mnO8N6. ................................. 7
`
`Tom K. Wong et al., Findings from 2019
`National Survey of DACA Recipients
`(Sept. 2019) (forthcoming, Suppl. to 2019
`National DACA Study) ..................................... 32
`
`
`
`
`
`(vi)
`
`Page(s)
`
`Tom K. Wong et al., Results from 2019 National
`DACA Study (Sept. 2019),
`https://ampr.gs/2noR7pv ................ 5, 7, 12, 17, 22
`
`Kimberly Yam, NYC Celebrated First
`Undocumented Rhodes Scholar With
`‘Jin Park Day’, Huffington Post
`(Apr. 17, 2019), https://bit.ly/2nNpUfO ........... 14
`
`
`
`
`
`1
`
`INTEREST OF AMICI CURIAE1
`
`Amicus curiae United We Dream (“UWD”) is
`the largest immigrant youth-led community in the
`United States. UWD is a national non-profit, non-
`partisan,
`membership-based
`organization
`comprising more than 500,000 immigrant youth
`and their allies, with more than 100 affiliate
`organizations located in 28 States. UWD’s primary
`purpose is to advocate for the dignity and fair
`treatment of immigrant youth and their families,
`regardless of their immigration status. Among
`UWD’s members are recipients of deferred action
`under the Deferred Action for Childhood Arrivals
`(“DACA”) initiative announced on June 15, 2012.
`Because the government action in this case seeks
`to undo DACA’s protections—protections that
`have formed the basis for the most consequential
`life decisions of hundreds of thousands of
`immigrant youth—UWD has a substantial interest
`in the proper resolution of the issues presented in
`this case.
`
`UWD is joined by fifty organizations, including
`social service and advocacy organizations that
`work with DACA applicants and beneficiaries,
`across the United States. A full listing of amici—
`
`
`
`1 The parties have consented to the filing of this brief, and
`their letters of consent have been filed with the Clerk. Pursuant
`to Supreme Court Rule 37.6, amici state that no counsel for a
`party authored this brief in whole or in part, and no counsel or
`party made a monetary contribution intended to fund the
`preparation or submission of this brief. No person other than
`amici or their counsel made a monetary contribution to its
`preparation or submission.
`
`
`
`
`
`2
`
`
`
`including the organizational plaintiffs in CASA de
`Maryland v. U.S. Dep’t of Homeland Security, 924
`F.3d 684 (4th Cir. 2019) (concluding that the
`government’s decision to rescind the DACA
`program was arbitrary and capricious)—appears
`
`in the Appendix.
`
`
`
`
`
`3
`
`
`
`INTRODUCTION AND SUMMARY OF
`ARGUMENT
`
`In this brief, United We Dream and fifty other
`organizations offer a glimpse into the lives of the more
`than 825,000 young people who have placed their
`trust in, and organized their lives around, the
`government’s promise in the DACA program.
`
`DACA has accomplished far more than affording
`deferred prosecutorial action. It has created life-
`changing opportunities for hundreds of thousands of
`promising young people. DACA has allowed them to
`lead fuller and more vibrant lives, including by
`seizing opportunities to advance their education,
`furthering their careers, providing critical help to
`their families, and giving back to their communities.
`Able to make use of the basic building blocks of a
`productive life—a Social Security number, work
`authorization, or driver’s license, for example—DACA
`recipients have thrived. They are students, teachers,
`health care workers, first responders, community
`leaders, and small business owners. They are also
`spouses, neighbors, classmates, friends, and co-
`workers. Collectively, they are parents of over a
`quarter-million U.S. citizens, and 70% of DACA
`recipients have an immediate family member who is
`a U.S. citizen. They pay taxes, contribute to their local
`economies in myriad ways, and spur a virtuous cycle
`of further opportunity for many Americans.
`
`The sample stories below include, among many
`others, an Oregon schoolteacher and community
`volunteer from Mexico; a Rhodes scholar from South
`Korea with a bright future in health science; the first
`
`
`
`
`
`4
`
`
`
`transgender immigrant appointed as a Commissioner
`for the Mayor’s Office of Latino Affairs in the District
`of Columbia; a Maryland small-business owner and
`musician, born in Nigeria; a critically-acclaimed,
`Mexican chef
`in Missouri; a Michigan-based
`community
`organizer
`from Poland; and an
`entrepreneur and mother of five who, after serving at
`the Chamber of Commerce, launched her own
`translation and interpreter business in Oklahoma.
`Amici hope to illustrate how, from their diverse
`backgrounds spanning the globe, DACA recipients
`are now fully part of their communities and the
`broader fabric of America.
`
`Their stories of resilience, generosity, and
`accomplishment epitomize the American dream. Yet,
`the government’s effort to rescind DACA, which has
`given hope to so many, would put these young people
`in grave danger of deportation and threatens to cause
`massive disruption to their lives, tearing apart
`families and uprooting productive members of society
`from the networks that rely on them. If allowed to
`stand, the cancellation of DACA will have devastating
`ripple effects that extend well beyond the DACA
`recipients into every community in the United States.
`
`
`
`
`
`
`
`5
`
`
`
`ARGUMENT
`
`The Stories of a Cross-Section of DACA
`Recipients Illustrate the Program’s Critical
`Role in Improving the Lives of Promising
`Young Individuals, Their Families, Local
`Communities, and the Nation
`
`DACA has enabled hundreds of thousands of
`young individuals to live their lives in the open, fully
`realizing their potential and contributing to their
`local communities. Most DACA recipients arrived in
`the United States when they were just six years old
`or younger—indeed, nearly a quarter of DACA
`recipients were under the age of three—and two-
`thirds of DACA recipients no longer have any close
`family members in the country of their birth. Tom K.
`Wong et al., Results from 2019 National DACA Study
`7, 15 (Sept. 2019), https://ampr.gs/2noR7pv (“Wong et
`al.”). For these promising young people, the United
`States is the only home they have ever known.
`They’ve grown up here, gone to school here, played
`sports here, and built families here. They play critical
`roles in their communities—as entrepreneurs who
`create jobs, as family members who support hundreds
`of thousands of U.S. citizens, as public servants who
`teach our children and care for us, and as volunteers
`who improve their communities. In short, they have
`become fully integrated into the fabric of American
`society.
`
`Despite these deep and longstanding ties to the
`United States, before DACA, many of these young
`immigrants who arrived in the country as children
`struggled to survive due to their undocumented
`
`
`
`
`
`6
`
`
`
`status—often living in constant fear of deportation.2
`DACA was life-changing. For the first time, these
`individuals
`could obtain work authorizations,
`healthcare, a Social Security number, a driver’s
`license, and,
`in many States,
`in-state tuition,
`scholarships, and financial aid. DACA recipients can
`also board planes, open bank accounts, apply for
`credit for their businesses, and access other resources
`so that they can support their families, communities,
`and local economies. As Lidia D., a 23-year-old
`Dreamer, explains, “DACA gave me a sense of
`liberty.” Thanks to her deferred action, Lidia was able
`to relocate from her home in Nebraska to accept job
`opportunities
`in California
`and Nevada—
`opportunities that would have been out-of-reach for
`her without a four-year college degree, a work
`authorization, or the ability to board a plane.
`
`With these essential keys to survival and success,
`DACA recipients have drawn on their remarkable
`
`
`
`2 Deportation orders have been entered against DACA
`recipients who arrived in the country as babies and toddlers, and
`these young people—many of whom only later discovered their
`immigration status—have good reason to fear they will be first
`in line for deportation if the government’s attempted rescission
`stands. Under a 2017 Executive Order, anyone who is subject to
`a final order of removal is an enforcement priority. See Exec.
`Order No. 13,768, 82 Fed. Reg. 8800 (Jan. 25, 2017);
`Memorandum from Sec’y of U.S. Dep’t Homeland Sec. to Kevin
`McAleenan et al., Enforcement of the Immigration Laws to Serve
`the National Interest (Feb. 20, 2017), https://bit.ly/2miirQd
`(“DHS Memorandum”) (providing limited discretion to make
`exceptions to enforcement priorities). Although a subsequent
`DHS Memorandum guidance excepted DACA recipients,
`DACA’s rescission removes these protections.
`
`
`
`
`
`7
`
`
`
`talents, ingenuity, and dedication to make ever
`greater contributions to this nation. According to one
`survey, after receiving deferred action, nearly 60% of
`DACA
`recipients—approximately
`400,000
`individuals—entered the American workforce for the
`first time. Wong et al., supra, at 2. And about 71% of
`DACA
`recipients
`also
`pursued
`educational
`opportunities previously foreclosed to them. Id. at 5.
`Altogether, 96% of DACA recipients are employed or
`enrolled in an educational program. Tom K. Wong et
`al., DACA Recipients’ Livelihoods, Families, and
`Sense of Security Are at Stake This November, Ctr. for
`Am.
`Progress
`(Sept.
`19,
`2019),
`https://ampr.gs/2mnO8N6.
`
`Their greater educational attainment and better
`jobs have
`translated
`into
`increased
`financial
`independence—which has been crucial not only for
`supporting their families and social networks, but
`also for contributing to broader economic growth. One
`2019 study found that DACA recipients and their
`households hold a combined annual spending power
`of $24.1 billion. Nicole Prchal Svajlenka, What We
`Know About DACA Recipients in the United States,
`Ctr.
`for Am. Progress
`(Sep.
`5,
`2019),
`https://ampr.gs/2kvp0DE (“CAP Report”). Seventy-
`nine percent reported that their increased earnings
`have helped them become financially independent.
`Wong et al., supra, at 2. Approximately 60% of DACA
`recipients bought a car. Id. at 3. Almost 14% became
`homeowners. Id. Collectively, DACA recipients own
`59,000 homes and make $613.8 million in annual
`mortgage payments. CAP Report, supra. Two-thirds
`of DACA recipients have applied for and received
`
`
`
`
`
`8
`
`
`
`their first credit card, while more than half have
`opened a bank account. Wong et al., supra, at 3. In
`short, DACA has opened a world of financial
`independence and opportunity
`that was once
`inaccessible.
`
`These higher wages also increase tax revenues at
`all levels of government. Employers automatically
`deduct payroll
`taxes
`from DACA
`recipients’
`paychecks—even
`though
`those
`individuals are
`ineligible for many of the social programs supported
`by these taxes. One report estimated that DACA
`recipients and their households pay a combined $8.8
`billion in federal, state, and local taxes annually. CAP
`Report, supra; see also Democrats of the Comm. on
`Small Bus., Report: Economic Impact of DACA:
`Spotlight on Small Business 5
`(Feb. 2018),
`https://bit.ly/2JQKpRZ (“House Report”) (estimating
`$5.87
`billion
`in
`taxes
`from DACA-eligible
`individuals). Another study estimates that tax
`revenue for Social Security and Medicare alone would
`decrease by $39.3 billion over a decade if the
`contributions of DACA-eligible individuals were lost.
`Jose Magaña-Salgado & Tom K. Wong, Draining the
`Trust Funds: Ending DACA and the Consequences to
`Social Security and Medicare, Immigrant Legal Res.
`Ctr. (Oct. 2017), https://bit.ly/2mTN9F7. And, even
`under a conservative estimate,
`the combined
`economic costs and fiscal impact of deporting DACA
`recipients amount to an eye-popping $283 billion over
`a decade. Ike Brannon & Logan Albright, The
`Economic and Fiscal Impact of Repealing DACA, Cato
`Inst. (Jan. 18, 2017), https://bit.ly/2k1hn1R. Other
`estimates are even higher. See, e.g., Nicole Prchal
`
`
`
`
`
`9
`
`
`
`Svajlenka et al., A New Threat to DACA Could Cost
`States Billions of Dollars, Ctr. for Am. Progress (July
`21, 2017), https://ampr.gs/2uI9Deh
`(estimating
`$460.3 billion impact). This substantial body of
`empirical data is borne out by the representative
`stories of the DACA recipients described below. Not
`only would the rescission of DACA be devastating for
`the program’s recipients and their families, it would
`also have negative repercussions for our nation’s
`economy, and the impacts on some local economies
`could be severe.
`
`DACA was a promise made by our government to
`eligible young people. The realization of that promise
`unleashed tremendous personal, social, and economic
`opportunities for DACA recipients, and it established
`a
`foundation upon which many American
`communities now rely. The government’s efforts to
`break faith with those young individuals now would
`destroy a program that works for millions of people—
`DACA recipients and U.S. citizens alike—and deal a
`staggering blow to American progress.
`
`to
`A. DACA Has Allowed Recipients
`Maximize
`Their Potential, While
`Enriching American
`Schools
`and
`Universities
`
`By design, DACA opens a world of educational
`opportunities
`for young
`immigrants. A key
`prerequisite for obtaining DACA’s protection is that
`the applicant is pursuing a high school diploma or
`GED certificate, or is enrolled in a qualifying
`educational program. See JA-387. As a result, many
`
`
`
`
`
`10
`
`
`
`undocumented young people who may otherwise have
`dropped out are motivated to stay in school.
`
`Moreover, DACA makes it easier for young
`immigrants to invest in their education. First, many
`undocumented students are forced to drop out
`because they are unable to both work to cover tuition
`fees and study at the same time, but DACA allows its
`recipients to obtain better-paying jobs, so they can
`more easily bear the costs of school. Caitlin Patler &
`Jorje A. Cabrera, From Undocumented
`to
`DACAmented: Impacts of the Deferred Action for
`Childhood Arrivals (DACA) Program Three Years
`Following
`its Announcement 18
`(June 2015),
`http://bit.ly/1R7Sz1c (“Patler Report”). Indeed, 80% of
`DACA recipients say they are better able to fund their
`educations by earning more. Wong et al., supra, at 2;
`accord Patler Report, supra, at 5. As a result, young
`immigrants are better equipped to maximize their
`career potential, and their investments in education
`have helped many DACA recipients serve as role
`models for their families and communities.
`
`Second, DACA offers a pathway to higher
`education. DACA recipients can enroll in public
`colleges and universities in States (such as Alabama
`and South Carolina) where undocumented students
`are otherwise barred from attending. See Ala. Code §
`31-13-8; S.C. Code Ann. § 59-101-430. A number of
`States—including Texas, Oregon, New Jersey, and
`New York—allow DACA recipients to attend public
`colleges and universities at in-state or reduced tuition
`rates, just like their U.S. citizen peers. See Tex. Educ.
`
`
`
`
`
`11
`
`
`
`Code Ann. §§ 54.051-057; Or. Rev. Stat. § 352.287;
`N.J. Stat. Ann. 18A:3B-79; N.Y. Educ. Law §§ 355(8),
`6206(7)(a). Other States, like California, Illinois, and
`Minnesota, even allow certain DACA recipients to
`receive state and institutional financial assistance.
`See Cal. Educ. Code § 66021.6; H.B. 2691, § 15(a),
`101st Gen. Assem., Reg. Sess. (Ill. 2019) (Pub. Act No.
`101-0021), https://bit.ly/2mFIQ08; 2013 Minn. Laws
`31, https://bit.ly/2noUYCQ; see also Univ. Leaders for
`Educ. Access & Diversity Network, Policy
`Environment—Select a State to See the Policies,
`https://bit.ly/2ocRK5q. Despite being ineligible for all
`federal and most state financial aid programs, DACA
`recipients can fill out the Free Application for Federal
`Student Aid form, which helps schools determine
`students’
`financial need and
`eligibility
`for
`scholarships and institutional financial aid. Zenén
`Jaimes Pérez, How DACA Has Improved the Lives of
`Undocumented Young People, Ctr. for Am. Progress 5
`(Nov. 19, 2014), http://ampr.gs/1O7iTHA. As a result
`of these enhanced opportunities, 31% of respondents
`in one survey by amicus United We Dream reported
`that they had qualified for additional financial aid.
`Zenén Jaimes Pérez, A Portrait of Deferred Action for
`Childhood Arrivals Recipients: Challenges and
`Opportunities Three-Years Later 21, UWD (Oct.
`2015), https://bit.ly/2osP9Vl (“UWD Survey”).
`
`With barriers to opportunity removed, it is not
`surprising that thousands of DACA recipients have
`pursued greater educational opportunities. In 2018,
`the National Bureau of Economic Research (“NBER”)
`found that DACA eligibility correlated with greater
`
`
`
`
`
`12
`
`
`
`high school attainment and college attendance. Elira
`Kuka et al., Do Human Capital Decisions Respond to
`the Returns to Education? Evidence from DACA,
`NBER (Feb. 2018), https://bit.ly/2mTVOY7. In United
`We Dream’s survey, 30% of respondents credited
`DACA for bringing them back into the classroom.
`UWD Survey, supra, at 25. Of the nearly two-thirds
`of survey respondents currently in school, 83% were
`pursuing a bachelor’s degree or higher. Id. Over half
`of DACA recipients twenty-five or older have
`completed a bachelor’s degree or higher, compared to
`just one-third of Americans in the same age bracket.
`Compare Wong et al., supra, at 7, with Press Release,
`U.S. Census Bureau, Highest Educational Levels
`Reached by Adults in the U.S. Since 1940 (Mar. 2017),
`https://bit.ly/2nFBkSb.
`
`the
`immigrants have seized
`Many young
`opportunity to further their education and pursue
`advanced degrees. For example, right after receiving
`DACA’s protection, Luke H.
`submitted his
`applications for doctoral programs in chemistry. Now
`in his sixth year at the University of Chicago, he
`worries that—if allowed to stand—DACA’s rescission
`could prevent him from completing his dissertation,
`jeopardizing years of hard work, and leaving his
`future uncertain.
`
`Like hundreds of thousands of other immigrant
`youth, Jin Park used DACA as a springboard to
`greater educational opportunities. The first DACA
`recipient
`to
`receive
`the prestigious Rhodes
`Scholarship, Jin arrived in New York from South
`
`
`
`
`
`13
`
`
`
`Korea when he was just seven years old.3 For years,
`his father worked in restaurants and his mother
`worked in beauty salons to build a life for their family
`in Flushing, Queens. A brilliant student, Jin
`nonetheless applied to 34 colleges, out of fear that his
`immigration status would limit his opportunities. He
`took his insights into the college admissions process
`to found Higher Dreams, a non-profit that partners
`with the Boston Public School system to help
`undocumented students gain access to higher
`education. He volunteered with a Boston non-profit to
`provide naturalization assistance, and currently
`serves as a chapter leader for Define American (a non-
`profit media and culture organization that advocates
`for fair representation of immigrants in the media).
`Jin has even testified before Congress about how
`DACA has fundamentally changed his life.4
`
`Now a 23-year-old Harvard graduate with
`degrees in Molecular and Cellular Biology, Jin hopes
`to pursue master’s degrees at the University of Oxford
`in Global Health Science and Epidemiology, as well as
`Migration Studies. With this foundation, Jin is
`
`
`
`3 Jin Park, Opinion: I’m a Dreamer and Rhodes Scholar.
`Where Do
`I Belong?, N.Y. Times
`(Jan. 11, 2009),
`https://nyti.ms/2FuPTiW; see also Alexandra A. Chaidez &
`Sanjana L. Narayanan, Harvard Senior Becomes First DACA
`Recipient to Win Rhodes Scholarship, Harv. Crimson (Nov. 19,
`2018), https://bit.ly/2QTJz7H.
`
`4 Protecting Dreamers and TPS Recipients: Hearing Before
`the Committee on the Judiciary of the House of Representatives,
`116 Cong. 5 (Mar. 6, 2019) (statement of Jin K. Park),
`https://bit.ly/2mWoIGZ.
`
`
`
`
`
`14
`
`
`
`interested in working on improving health policy for
`immigrants and underserved communities. Although
`his family and community have celebrated his
`accomplishments—New York City declared April
`16th
`“Jin Park Day”5—obtaining
`the Rhodes
`Scholarship has been bittersweet. If Jin leaves the
`country to continue his graduate studies abroad, he
`risks being barred from returning to his family and
`the only home he has ever known: “No matter how
`hard I work or what I achieve, I will never know if I
`have a place in America, my home.”6
`
`Just seven years old when she arrived in the
`United States in 2002, Monica C.—who was born in
`Mexico—obtained DACA’s protection
`in 2013.
`Currently, Monica works full-time as a paraeducator
`at William Paca Elementary School in Baltimore,
`Maryland, while she also studies for her associate’s
`degree at Baltimore City Community College. As she
`focuses on the next generation—teaching students
`whose native language is not English—Monica knows
`that becoming a classroom instructor is her true
`calling: “Every day I see the light in the eyes of my
`students, the excitement it gives them to learn
`English and dream about their futures.” Yet, DACA’s
`rescission is never far from her mind: “It would break
`
`
`
`5 Kimberly Yam, NYC Celebrated First Undocumented
`Rhodes Scholar With ‘Jin Park Day’, Huffington Post (Apr. 17,
`2019), https://bit.ly/2nNpUfO. See also Associated Press,
`‘Dreamer,’ Rhodes scholar Jin Park to attend State of the Union,
`NBC News (Jan. 31, 2019), https://nbcnews.to/2Bkbzvg.
`
`6 Statement of Jin K. Park 11.
`
`
`
`
`
`15
`
`
`
`my heart if I wasn’t able to be there for them in the
`classroom.”
`
`Yazmin I.’s mother left behind a career as a
`physician in Mexico to give her three daughters better
`opportunities in the United States. An excellent
`student who dreamed of following in her mother’s
`footsteps, Yazmin discovered at sixteen that she was
`undocumented when she tried to find work to support
`her family following her mother’s stroke. Her status
`as an undocumented immigrant in Arizona (and later
`New Mexico) was a serious obstacle to continuing her
`education and accessing scholarships and financial
`aid. Thanks to DACA, Yazmin is now a fourth-year
`student at the University of New Mexico School of
`Medicine. She recently finished her sub-internship in
`surgical oncology and is currently completing a
`trauma-surgery and critical-care rotation as a visiting
`student at Washington University in St. Louis.
`Yazmin is also proud to give back to her community.
`She mentors young people through the New Mexico
`Dream Team and provides free health check-ups for
`immigrant families released from border detention
`facilities. But Yazmin needs a Social Security number
`to continue
`towards her residency, and her
`professional
`aspirations
`depend
`on DACA’s
`continuation.
`
`By authorizing undocumented individuals to
`work, DACA has broadened the diversity and skill set
`of our nation’s workforce. Deferred action is thus
`especially important when it comes to the education,
`science, technology, engineering, mathematics, and
`
`
`
`
`
`16
`
`
`
`sectors, where maintaining U.S.
`healthcare
`leadership in an increasingly global economy is
`critical. As the stories of young men and women like
`Jin Park (Rhodes Scholar studying global health
`science and epidemiology), Monica C. (paraeducator),
`Yazmin I. (medical student applying to general
`surgery
`residency), and Luke H.
`(sixth-year
`University of Chicago Ph.D. candidate in chemistry)
`demonstrate, undocumented immigrants represent a
`pool of highly skilled talent that is in fierce demand.
`
`Despite their hard work and accomplishments,
`the futures of Jin, Monica, Yazmin, and Luke are
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