`
`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.,
`
`--------------------------------- ---------------------------------
`DONALD J. TRUMP, PRESIDENT OF THE
`UNITED STATES, ET AL.,
`
`Respondents.
`
`v.
`NATIONAL ASSOCIATION FOR THE ADVANCEMENT
`OF COLORED PEOPLE, ET AL.,
`Respondents.
`
`Petitioners,
`
`--------------------------------- ---------------------------------
`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,
`District Of Columbia, And Second Circuits
`--------------------------------- ---------------------------------
`AMICI CURIAE BRIEF OF EMPIRICAL
`SCHOLARS IN SUPPORT OF RESPONDENTS
`--------------------------------- ---------------------------------
`OSSAI MIAZAD
`NIKOLAS BOWIE
`Counsel of Record
`MICHAEL N. LITROWNIK
`OREN NIMNI
`CHAUNIQUA D. YOUNG
`IVAN ESPINOZA-MADRIGAL
`OUTTEN & GOLDEN LLP
`685 Third Avenue, 25th Floor
`OREN SELLSTROM
`LAWYERS FOR CIVIL RIGHTS
`New York, NY 10017
`61 Batterymarch Street,
`RACHEL WILLIAMS DEMPSEY
` 5th Floor
`OUTTEN & GOLDEN LLP
`Boston, MA 02110
`One California Street, 12th Floor
`(617) 988-0606
`San Francisco, CA 94111
`nbowie@law.harvard.edu
`================================================================================================================
`COCKLE LEGAL BRIEFS (800) 225-6964
`WWW.COCKLELEGALBRIEFS.COM
`
`
`
`
`
`i
`
`TABLE OF CONTENTS
`
`7
`9
`
`Page
`TABLE OF CONTENTS ......................................
`i
`TABLE OF AUTHORITIES .................................
`ii
`INTEREST OF AMICI CURIAE .........................
`1
`INTRODUCTION AND SUMMARY OF THE
`ARGUMENT .....................................................
`ARGUMENT ........................................................
`
`I. Immigrant legal status and work authori-
`zation have a critical impact on the lives
`of individuals and their children and fam-
`ilies ............................................................
`A. Overview of DACA and DACA recipi-
`ents ......................................................
`B. Effect of obtaining legal status and
`work authorization .............................. 11
` II. DACA has positive effects on the lives of
`its recipients and their families, including
`U.S.-citizen children .................................. 18
` III. DACA protects against the harms experi-
`enced by U.S.-citizen children when a par-
`ent or relative
`is undocumented or
`removed ..................................................... 26
`CONCLUSION ..................................................... 33
`
`
`9
`
`9
`
`
`
`ii
`
`TABLE OF AUTHORITIES
`
`Page
`
`CASES
`Atkins v. Virginia, 536 U.S. 304 (2002) ......................... 1
`Hall v. Florida, 134 S. Ct. 1986 (2014) ......................... 1
`Roper v. Simmons, 543 U.S. 551 (2005) ........................ 1
`
`RULES AND REGULATIONS
`Sup. Ct. R. 37 ................................................................ 1
`
`OTHER AUTHORITIES
`Ajay Chaudry et al., Facing Our Future: Chil-
`dren in the Aftermath of Immigration Enforce-
`ment, Urb. Inst. (2010), https://www.urban.org/
`sites/default/files/publication/28331/412020-
`Facing-Our-Future.PDF.................................... 29, 30
`Alexander Ortega, Sarah Horwitz, Hai Fang,
`Alice Kuo, Steven Wallace & Moira Inkela,
`Documentation Status and Parental Con-
`cerns About Development in Young U.S. Chil-
`dren of Mexican Origin, 9 Acad. Pediatrics 278
`(2009) ....................................................................... 25
`Amada Armenta, Protect, Serve, and Deport: The
`Rise of Policing as Immigration Enforcement
`(2017) ....................................................................... 14
`Amy Hsin & Francesc Ortega, The Effects of
`Deferred Action for Childhood Arrivals on Ed-
`ucational Outcomes of Undocumented Stu-
`dents, 55 Demography 1487 (2018) ........................ 19
`
`
`
`iii
`
`TABLE OF AUTHORITIES—Continued
`
`Page
`
`Atheedar Venkataramani et al., Health Conse-
`quences of the U.S. Deferred Action for Child-
`hood Arrivals (DACA) Immigration Programme:
`A Quasi-Experimental Study, 2 Lancet Pub.
`Health e175 (2017), https://www.thelancet.com/
`journals/lanpub/article/PIIS2468-2667(17)
`30047-6/fulltext ...................................................... 30
`Brian Allen, Erica Cisneros & Alexandra Tellez,
`The Children Left Behind: The Impact of Pa-
`rental Deportation on Mental Health, 24 J.
`Child & Fam. Stud. 386 (2013) ............................... 30
`Caitlin Patler & Whitney Laster Pirtle, From
`Undocumented To Lawfully Present: Do
`Changes In Legal Status Impact Psychological
`Wellbeing Among Latino Immigrant Young
`Adults?, Soc. Sci. & Med. (2017), www.science
`direct.com/science/article/pii/S0277953617301
`48X?np=y&npKey=cd0a5382554ee22e26ffd1a
`ccf5c9a82cdd84c6a794d2bab0323cb930f5281
`07 ........................................................... 14, 15, 23, 31
`Caitlin Patler et al., From Undocumented to
`DACAmented: Impacts of the Deferred Action
`for Childhood Arrivals (DACA) Program, Inst.
`for Research Lab. & Emp. 6 (2015), https://
`escholarship.org/uc/item/3060d4z3 ............ 18, 20, 24
`Caitlin Patler et al., Uncertainty About DACA
`May Undermine Its Positive Impact on Health
`for Recipients and Their Children, 38 Health
`Affairs 738 (2019) ........................................ 26, 31, 33
`
`
`
`
`
`
`iv
`
`TABLE OF AUTHORITIES—Continued
`
`Page
`
`Cecilia Menjívar & Andrea Gómez Cervantes,
`Am. Psychol. Ass’n, The Effects of Parental
`Undocumented Status on Families and Chil-
`dren: Influence of Parental Undocumented
`Status on the Development of U.S.-Born Chil-
`dren in Mixed-Status Families (2016), https://
`www.apa.org/pi/families/resources/newsletter/
`2016/11/undocumented-status .......................... 30, 31
`Cecilia Menjívar & Daniel Kanstroom, Con-
`structing Immigrant “Illegality”: Critiques,
`Experiences, and Responses (2014) ......................... 13
`Cecilia Menjívar, Liminal Legality: Salvadoran
`and Guatemalan Immigrants’ Lives in the
`United States, 111 Am. J. Soc. 999 (2006) .............. 12
`Cecilia Menjívar, The Power of the Law: Central
`Americans’ Legality and Everyday Life in
`Phoenix, Arizona, 9 Latino Stud. 377 (2011) .......... 32
`Edward Vargas & Vickie Ybarra, U.S.-Citizen
`Children of Undocumented Parents: The Link
`Between State Immigration Policy and the
`Health of Latino Children, 19 J. Immigrant &
`Minority Health 913 (2017), https://www.ncbi.
`nlm.nih.gov/pmc/articles/PMC5236009 ................. 24
`Elira Kuka et al., Do Human Capital Decisions
`Respond to the Returns to Education? Evi-
`dence from DACA (2018), https://www.nber.org/
`papers/w24315.pdf ............................................ 19, 21
`
`
`
`
`
`
`v
`
`TABLE OF AUTHORITIES—Continued
`
`Page
`
`Elizabeth Aranda & Elizabeth Vaquera, Immi-
`grant Family Separation, Fear, and the U.S.
`Deportation Regime, 5 Monitoring Pub. Opin-
`ion: Econ. & Soc. Changes 204 (2018) .................... 31
`Elizabeth Aranda et al., Personal and Cultural
`Trauma and the Ambivalent National Identi-
`ties of Undocumented Young Adults in the
`U.S., 36 J. Intercultural Stud. 600 (2015) .............. 12
`Elizabeth Vaquera, Elizabeth Aranda & Isabel
`Sousa-Rodriguez, Emotional Challenges of
`Undocumented Young Adults: Ontological Se-
`curity, Emotional Capital, and Well-Being, 64
`Social Problems 298 (2017) ..................................... 23
`Emily Greenman & Matthew Hall, Legal Status
`and Educational Transitions for Mexican and
`Central American Immigrant Youth, 91 Social
`Forces 1475 (2013) .................................................. 16
`Francesc Ortega et al., The Economic Effects of
`Providing Legal Status to DREAMers (2018),
`http://ftp.iza.org/dp11281.pdf ........................... 19, 20
`Frank D. Bean et al., Parents Without Papers:
`The Progress and Pitfalls of Mexican Ameri-
`can Integration (2015) ....................................... 12, 13
`Gustavo López & Jens Manuel Krogstad, Key
`Facts About Unauthorized Immigrants En-
`rolled in DACA (2017), https://www.pew
`research.org/fact-tank/2017/09/25/key-facts-
`about-unauthorized-immigrants-enrolled-in-
`daca .......................................................................... 10
`
`
`
`vi
`
`TABLE OF AUTHORITIES—Continued
`
`Page
`
`Hirokazu Yoshikawa & Ariel Kalil, The Effects of
`Parental Undocumented Status on the Devel-
`opmental Contexts of Young Children in Im-
`migrant Families, 5 Child Development
`Perspectives 291 (2011) .......................................... 31
`Hirokazu Yoshikawa et al., Unauthorized Status
`and Youth Development in the United States:
`Consensus Statement of the Society for Re-
`search on Adolescence, 27 J. Res. Adolescence
`4 (2016) .................................................................... 31
`Hirokazu Yoshikawa, Carola Suárez-Orozco &
`Roberto Gonzales, Unauthorized Status and
`Youth Development in the United States: Con-
`sensus Statement of the Society for Research
`on Adolescence, 27 J. Res. Adolescence 4
`(2016) ....................................................................... 14
`Hirokazu Yoshikawa, Immigrants Raising Citi-
`zens: Undocumented Parents and Their Chil-
`dren (2011) ........................................................ 31, 32
`Jefferey Passel & D’vera Cohn, A Portrait of
`Unauthorized Immigrants in the United
`States (2009), https://www.pewresearch.org/
`hispanic/2009/04/14/a-portrait-of-unauthorized-
`immigrants-in-the-united-states ............................ 16
`Jens Hainmueller et al., Protecting Unauthor-
`ized Immigrant Mothers Improves Their
`Children’s Mental Health, 357 Science 1041
`(2017), https://science.sciencemag.org/content/
`357/6355/1041.long ........................................... 25, 31
`
`
`
`vii
`
`TABLE OF AUTHORITIES—Continued
`
`Page
`
`Jie Zong, Ariel Ruiz Soto, Jeanne Batalova,
`Julia Gelatta & Randy Capps, A Profile
`of Current DACA Recipients by Educa-
`tion, Industry, and Occupation
`(2017),
`https://www.migrationpolicy.org/research/profile-
`current-daca-recipients-education-industry-
`and-occupation ........................................................ 11
`Joanna Dreby, Everyday Illegal (2015) ................ 12, 32
`Jorge Delva et al., Mental Health Problems of
`Children of Undocumented Parents in the
`United States: A Hidden Crisis, 13 J. Commu-
`nity Positive Prac. 25 (2013) ................................... 30
`Kalina Brabeck, Erin Sibley & M. Brinton
`Lykes, Authorized and Unauthorized Immi-
`grant Parents: The Impact of Legal Vulnerabil-
`ity on Family Contexts, 38 Hisp. J. Behav. Sci.
`3 (2015) .................................................................... 32
`Krista M. Perreira, Andrew Fuligni & Stephanie
`Potochnick, Fitting In: The Roles of Social Ac-
`ceptance and Discrimination in Shaping the
`Academic Motivations of Latino Youth in the
`U.S. Southeast, 66 J. Soc. Issues 173 (2010) ........... 13
`Laura Enriquez, Multigenerational Punish-
`ment: Shared Experiences of Undocumented
`Immigration Status Within Mixed-Status
`Families, 77 J. Marriage & Fam. 939 (2015) .......... 25
`
`
`
`
`
`
`viii
`
`TABLE OF AUTHORITIES—Continued
`
`Page
`
`Leisy Abrego, Renewed Optimism and Spatial
`Mobility: Legal Consciousness of Latino De-
`ferred Action for Childhood Arrivals Recipi-
`ents and their Families in Los Angeles,
`Ethnicities, 18 Ethnicities 192 (2018) ........ 15, 24, 31
`Lisseth Rojas-Flores, Mari Clements, J. Hwang
`Koo & Judy London, Trauma and Psychological
`Distress in Latino Citizen Children Following
`Parental Detention and Deportation, 9 Psychol.
`Trauma 352 (2016), https://www.researchgate.
`net/profile/Lisseth_Rojas-Flores/publication/
`306025305_Trauma_and_Psychological_
`Distress_in_Latino_Citizen_Children_Following_
`Parental_Detention_and_Deportation/links/
`599483b7458515c0ce65300a/Trauma-and-
`Psychological-Distress-in-Latino-Citizen-Children-
`Following-Parental-Detention-and-Deportation.
`pdf ............................................................................ 29
`Luis Zayas, Sergio Aguilar-Gaxiola, Hyunwoo
`Yoon & Guillermina Natera Rey, The Distress
`of Citizen-Children with Detained and Deported
`Parents, 24 J. Child & Fam. Stud. 3213 (2015),
`https://www.ncbi.nlm.nih.gov/pmc/articles/
`PMC4667551 ........................................................... 30
`Manuel Pastor, Jared Sanchez & Vanessa
`Carter, The Kids Aren’t Alright—But They
`Could Be (2015), https://dornsife.usc.edu/csii/
`dapa-impacts-children ............................................ 27
`
`
`
`
`
`
`ix
`
`TABLE OF AUTHORITIES—Continued
`
`Page
`
`María Enchautegui & Cecilia Menjívar, Para-
`doxes of Family Immigration Policy: Separa-
`tion, Reorganization, and Reunification of
`Families under Current Immigration Laws,
`37 Law & Pol’y 32 (2015) ........................................ 30
`Marie Mallet & Lisa García Bedolla, Transi-
`tory Legality: The Health Implication of
`Ending DACA, 11 Cal. J. Pol. & Pol’y (2019),
`https://escholarship.org/uc/item/84f6g2qj .............. 33
`Nancy Landale, Jessica Hardie, R.S. Oropesa &
`Marrianne Hillemeier, Behavioral Function-
`ing Among Mexican-Origin Children: Does Pa-
`rental Legal Status Matter?, 56 J. Health &
`Soc. Behav. 2 (2015) ................................................. 24
`Nat’l Acads. of Scis., Eng’g & Med., Comm. on
`Population, Div. of Behavioral & Soc. Sci. &
`Educ., The Integration of Immigrants into
`American Society 10 (Mary C. Waters &
`Marisa Gerstein Pineau
`eds., 2015,
`www.nap.edu/catalog/21746/the-integration-
`of-immigrants-into-american-society ..................... 27
`Nolan G. Pope, The Effects of DACAmentation:
`The Impact of Deferred Action for Childhood
`Arrivals on Unauthorized Immigrants, 143 J.
`Pub. Econ. 98 (2016) .......................................... 18, 20
`Philip Kasinitz, John H. Mollenkopf, Mary C.
`Waters & Jennifer Holdaway, Inheriting the
`City: The Children of Immigrants Come of Age
`(2009) ....................................................................... 16
`
`
`
`x
`
`TABLE OF AUTHORITIES—Continued
`
`Page
`
`Press Release, The White House, Office of the
`Press Sec’y, Remarks by the President on Im-
`migration (June 15, 2012), https://obama
`whitehouse.archives.gov/the-press-office/2012/
`06/15/remarks-president-immigration ..................... 9
`R.S. Oropesa et al., How Does Legal Status Matter
`for Oral Health Care Among Mexican-Origin
`Children in California? 3 SSM Population
`Health 730 (2017), https://www.ncbi.nlm.nih.gov/
`pmc/articles/PMC5607870 ...................................... 25
`R.S. Oropesa, Nancy Landale & Marianne Hille-
`meier, Family Legal Status and Health: Meas-
`urement Dilemmas in Studies of Mexican-
`Origin Children, 138 Soc. Sci. Med. 57 (2015),
`https://www.ncbi.nlm.nih.gov/pmc/articles/
`PMC4498967 ........................................................... 25
`R.S. Oropesa, Nancy Landale & Marianne Hille-
`meier, Legal Status and Health Care: Mexican-
`Origin Children in California, 2001–2014, 35
`Population Res. & Pol’y Rev. 651 (2016)
`https://www.ncbi.nlm.nih.gov/pmc/articles/
`PMC5114005 ........................................................... 25
`Randy Capps et al., A Profile of U.S. Children
`with Unauthorized Immigrant Parents (2016),
`https://www.migrationpolicy.org/research/profile-
`us-children-unauthorized-immigrant-parents ....... 17
`
`
`
`
`
`
`xi
`
`TABLE OF AUTHORITIES—Continued
`
`Page
`
`Randy Capps, Michael Fix & Jie Zong, A Profile
`of U.S. Children with Unauthorized Immi-
`grant Parents, Migration Policy Inst. 1 (2016)
`https://www.migrationpolicy.org/research/profile-
`us-children-unauthorized-immigrant-parents ....... 28
`Robert Courtney Smith, Horatio Alger Lives in
`Brooklyn, But Check His Papers, Published
`Materials, https://www.baruch.cuny.edu/mspia/
`faculty-and-staff/full-time-faculty/amicusbrief.
`html ....................................................... 13, 15, 20, 23
`Robert Courtney Smith, Horatio Alger Lives in
`Brooklyn: Extra-Family Support, Intra-Fam-
`ily Dynamics, and Socially Neutral Operating
`Identities in Exceptional Mobility Among
`Children of Mexican Immigrants, 620 Annals
`of Am. Acad. of Pol. & Soc. Sci. 270 (2008) ............. 15
`Robert Courtney Smith, Mexican New York
`(2006) ......................................................................... 1
`Roberto G. Gonzales et al., (Un)Authorized
`Transitions: Illegality, DACA, and the Life
`Course, 15 Res. Hum. Dev. 345 (2018) .................... 21
`Roberto G. Gonzales et al., Becoming DACA-
`mented: Assessing the Short-Term Benefits of
`Deferred Action for Childhood Arrivals (DACA),
`58 Am. Behav. Scientist 1852 (2014) .. 10, 17, 19, 20, 23
`Roberto G. Gonzales, Learning to be Illegal: Un-
`documented Youth and Shifting Legal Con-
`texts in the Transition to Adulthood, 76 Am.
`Soc. Rev. 602 (2011) ................................................. 13
`
`
`
`xii
`
`TABLE OF AUTHORITIES—Continued
`
`Page
`
`Roberto G. Gonzales, Lives in Limbo: Undocu-
`mented and Coming of Age in America
`(2016) ........................................................ 12, 14, 15
`Shawn Malia Kanaiaupuni, Child Well-Being
`and the Intergenerational Effects of Undocu-
`mented Immigrant Status, Presentation at
`the USDA Economic Research Service Small
`Grants Program Conference (Oct. 14–15, 1999),
`https://www.academia.edu/5923999/Child_Well-
`Being_and_the_Intergenerational_Effects_of_
`Undocumented_Immigrant_Status ........................ 32
`Silva Mathema, Keeping Families Together: Why
`All Americans Should Care What Happens to
`Unauthorized Immigrants, Center for American
`Progress (2017), https://www.americanprogress.
`org/issues/immigration/reports/2017/03/16/
`428335/keeping-families-together/ ....................... 27
`Susan Mapp & Emily Hornung, Irregular Immi-
`gration Status Impacts for Children in the
`USA, 1 J. Hum. Rights & Soc. Work 61 (2016)
`https://link.springer.com/content/pdf/10.1007%
`2Fs41134-016-0012-1.pdf ........................................ 25
`U.S. Citizenship & Immigration Servs. (USCIS),
`DACA Population Data (Aug. 31, 2018), https://
`www.uscis.gov/sites/default/files/USCIS/Resources/
`Reports%20and%20Studies/Immigration%20
`Forms%20Data/All%20Form%20Types/DACA/
`DACA_Population_Data_August_31_2018.pdf ....... 10
`
`
`
`
`
`
`xiii
`
`TABLE OF AUTHORITIES—Continued
`
`Page
`
`U.S. Citizenship & Immigration Servs., Approx-
`imate Active DACA Recipients Demographics—
`Apr. 30, 2019 (2019), https://www.uscis.gov/
`sites/default/files/USCIS/Resources/Reports%
`20and%20Studies/Immigration%20Forms%20
`Data/All%20Form%20Types/DACA/Approximate_
`Active_DACA_Recipients_Demographics_-_
`Apr_30_2019.pdf ..................................................... 11
`Zhihuan Jennifer Huang, Stella Yu & Rebecca
`Ledsky, Health Status and Health Service Ac-
`cess and Use Among Children in U.S. Immi-
`grant Families, 96 Am. J. Pub. Health 634
`(2006), https://ajph.aphapublications.org/doi/
`full/10.2105/AJPH.2004.049791 ............................. 32
`
`
`
`1
`
`INTEREST OF AMICI CURIAE1
`Amici curiae are fourteen academic social scien-
`
`tists who have conducted significant research on immi-
`gration, specifically the Deferred Action for Childhood
`Arrivals (“DACA”) population and the long-term ef-
`fects of formal legal status and deferred action on the
`lives of immigrants and their families, including their
`children and grandchildren.2 Amici curiae are affili-
`ated with leading universities across the country and
`their research has been funded by major foundations,
`including the National Science Foundation, and pub-
`lished in respected journals.
`
`Robert Courtney Smith is Professor in the Aus-
`
`tin W. Marxe School of Public and International Af-
`fairs, Baruch College, and Sociology Department,
`Graduate Center, CUNY. He authored Mexican New
`York: Transnational Worlds of New Immigrants (Cali-
`fornia, 2006), and Horatio Alger Lives in Brooklyn, But
`Check His Papers (under contract, University of Cali-
`fornia press), which analyze how immigration status
`and other factors affect intergenerational individual
`and family mobility. His current project, the DACA Ac-
`cess Project, studies the long-term effects of having,
`
`
`1 Rule 37 statement: All parties issued blanket consents to
`
`the filing of amicus briefs. Nobody but amici and their counsel
`authored any portion of this brief or funded its preparation and
`submission.
`2 This Court has often relied on social science research to in-
`
`form its decisions. See, e.g., Hall v. Florida, 134 S. Ct. 1986, 1993
`(2014); Roper v. Simmons, 543 U.S. 551, 569–70 (2005); Atkins v.
`Virginia, 536 U.S. 304, 318 (2002).
`
`
`
`2
`
`lacking, gaining, or losing formal immigration status
`or deferred action, especially DACA.
`
`Caitlin Patler is Assistant Professor of Sociology
`
`at the University of California, Davis, where her re-
`search analyzes the origins and reproduction of ine-
`quality in the United States, with a special focus on
`how laws, legal statuses, and law enforcement institu-
`tions drive socioeconomic and health disparities. Dr.
`Patler is the Principal Investigator of the DACA Lon-
`gitudinal Study, an original survey and in-depth inter-
`view study that follows 502 DACA recipients and
`undocumented non-recipients in California over time.
`
`Cecilia Menjívar holds the Dorothy L. Meier
`
`Chair in Social Equities and is Professor of Sociology
`at the University of California, Los Angeles. Her re-
`search on immigration examines the effects of immigra-
`tion laws and policies on various aspects of immigrants’
`lives, especially family dynamics, access to institutions,
`and citizenship and belonging.
`
`Douglas S. Massey is the Henry G. Bryant Pro-
`
`fessor of Sociology and Public Affairs at Princeton
`University, where he also directs the Office of Popula-
`tion Research. He is the Co-Director of the Mexican
`Migration Project, which annually since 1987 has
`gathered data from representative community sam-
`ples on documented and undocumented migrants to
`the United States. Since 1998 he has also Co-Directed
`the Latin American Migration Project, which uses the
`same methodology to gather data on documented and
`
`
`
`3
`
`undocumented migrants from other nations in Latin
`America and the Caribbean.
`
`James D. Bachmeier is Associate Professor of
`
`Sociology at Temple University and a non-resident Fel-
`low at the Migration Policy Institute. His research is
`focused on immigration and the integration of immi-
`grants in the United States. He co-authored, with
`Frank D. Bean and Susan K. Brown, Parents without
`Papers: The Progress and Pitfalls of Mexican American
`Integration (2015, Russell Sage), and has published his
`research in Social Forces, Demography, International
`Migration Review, and the ANNALS of the American
`Academy of Political and Social Science.
`
`Elizabeth Aranda is Professor of Sociology at the
`
`University of South Florida. Her work has been
`supported by the National Science Foundation. Her
`primary field of interest is immigrant emotional well-
`being. She has conducted influential research on issues
`of immigrant integration, such as psychological well-
`being and emotional adaptation, contributing to the
`improvement of our understanding of the subjective
`experience of migration and settlement in a new coun-
`try. She is co-author on several articles and books on
`immigrant youth and young adults (with and without
`DACA) and their subjective well-being.
`
` Mary C. Waters is the PVK Professor of Arts and
`Sciences and the John Loeb Professor of Sociology at
`Harvard University. A demographer and sociologist,
`Waters is an expert on the assimilation of immigrants,
`specializing in the socioeconomic outcomes of young
`
`
`
`4
`
`adults whose parents are immigrants. A member of the
`National Academy of Sciences, Waters chaired the in-
`terdisciplinary NAS Committee of 17 immigration ex-
`perts who produced the 2015 report on The Integration
`of Immigrants into American Society (National Acade-
`mies Press).
`
`Frank D. Bean is Distinguished Professor of
`
`Sociology (and Education and Economics) at the Uni-
`versity of California, Irvine. A demographer who is a
`leading senior researcher on the estimation of unau-
`thorized and legal status from survey data and on the
`assessment of the educational effects of migration
`status on the descendants of immigrants, he both co-
`directed the Urban Institute/RAND national evalua-
`tion of the 1986 IRCA’s effects and the large-scale 2004
`IIMMLA survey of second-generation immigrant inte-
`gration in Los Angeles.
`
`Susan K. Brown is Professor of Sociology at the
`
`University of California, Irvine. Her work examines
`immigrant integration, population distribution, and
`educational inequalities. She is co-author of Parents
`Without Papers: The Progress and Pitfalls of Mexican
`American Integration, winner of an outstanding schol-
`arship award. She is a co-investigator of “Immigration
`and Intergenerational Mobility in Metropolitan Los
`Angeles,” a survey in 2004 of the immigrant second
`generation.
`
`Catalina Amuedo-Dorantes is Professor of Eco-
`
`nomics at University of California, Merced, a Research
`Fellow at CReAM, FEDEA and IZA, an Advisory
`
`
`
`5
`
`committee member of the Americas Center Advisory
`Council at the Federal Reserve Bank of Atlanta, and
`the Western Representative in the Committee for the
`Status of Women in the Economics Professions
`(CSWEP) since 2015. Her areas of interest include la-
`bor economics, international migration and remit-
`tances. She has published scholarship on contingent
`work contracts, the informal work sector, international
`remittances, as well as on immigrant savings, health
`care and labor market outcomes. Her current research
`broadly focuses on immigration policy and its conse-
`quences.
`
`Leisy J. Abrego is Professor in the Chicana and
`
`Chicano Studies Department at the University of Cal-
`ifornia, Los Angeles. Over two decades, she has re-
`searched how local, state, and federal U.S. immigration
`policies and practices have affected the day-to-day
`lives of migrants and their families. Her research
`analyzes how young people—undocumented and 1.5
`generation immigrants, and DACA recipients—inter-
`nalize and respond to immigration policies and prac-
`tices. In her current project, she interviews DACA
`recipients and their relatives to analyze the family-
`level consequences of DACA.
`
`Joanna Dreby is Associate Professor of Sociology
`
`at the University at Albany—SUNY. A leading quali-
`tative methodologist, Dr. Dreby is an expert on the im-
`pacts of migration, family separation, and immigration
`enforcement on children and gender and generational
`relationships in families. She is author of two award-
`winning books, Divided by Borders: Mexican Migrants
`
`
`
`6
`
`and their Children (University of California Press
`2010) and Everyday Illegal: When Policies Undermine
`Immigrant Families (University of California Press
`2015).
`
`Francesc Ortega is the Dina A. Perry Professor
`
`in Economics at the Queens College of the City Univer-
`sity of New York. Dr. Ortega’s main area of research is
`the analysis of the economic effects of immigration,
`with a focus on labor market and macroeconomic out-
`comes. Much of his recent work has been devoted to
`quantifying the economic contribution of unauthorized
`workers to the U.S. economy and to the evaluation of
`the potential impact of policy proposals aimed at
`providing legal status.
`
`Amy Hsin is Associate Professor of Sociology at
`
`Queens College, City University of New York (CUNY),
`and faculty affiliate at CUNY Institute of Demo-
`graphic Research. She has researched the determi-
`nants of Asian American achievement in education,
`and the effect of aggressive policing on the educational
`performance of immigrant youth and Black/Latino
`youth. She is a principal investigator on a large study
`of DACA funded by the W.T. Grant Foundation, which
`analyzes DACA’s effects on college attendance and
`work, and analyzes DACA recipients’ strong academic
`trajectories.
`
`As scholars who conduct empirical research on the
`
`DACA population, amici have a substantial interest in
`this matter. In this brief, they present social science re-
`search relevant to the legal questions before this
`
`
`
`7
`
`Court, including research concerning: the demographic
`and socioeconomic characteristics of the DACA popu-
`lation; how those individuals benefit from DACA; how
`their United States citizen relatives, including chil-
`dren, benefit from having parents or family members
`with DACA; and how DACA recipients and their
`United States citizen relatives would be harmed if
`DACA were ended.
`
`--------------------------------- ---------------------------------
`
`INTRODUCTION AND SUMMARY
`OF THE ARGUMENT
`Research on DACA, as well as more general schol-
`
`arship on the effects of having, gaining, lacking, and
`losing deferred action or legal status in the United
`States, shows unequivocally the strong reliance inter-
`ests in DACA, both on the part of DACA recipients and
`on the part of their U.S.-citizen children and families.
`Rescinding DACA would cause harm to a particularly
`hardworking and high-achieving segment of U.S. soci-
`ety, and its effects would reverberate through genera-
`tions.
`
`Social science research on the DACA population
`
`reveals that DACA recipients are successful, long-term
`residents of the United States who are deeply embed-
`ded in American life, and who, in the seven years since
`DACA’s inception, have come to rely on its promises of
`increased stability and economic security for them-
`selves and their relatives. Most DACA recipients have
`attended and graduated from American schools and
`
`
`
`8
`
`many live with U.S.-citizen children or immediate fam-
`ily members. DACA protects its recipients in a number
`of important ways, including by increasing their earn-
`ings and labor market participation, improving their
`ability to continue their education, and facilitating
`their ability to function without fear in daily life, such
`as by enabling them to get drivers’ licenses to drive to
`work or to pick up their children. DACA also decreases
`the harms attached to undocumented status, including
`heightened anxiety and stress, or fear of separation
`from children or family.
`
`U.S.-citizen children and immediate family mem-
`
`bers of DACA recipients also benefit significantly from
`DACA, because of DACA recipients’ increased incomes,
`ability to continue their education and training, in-
`creased ability to function without fear, and decreased
`risk of harm due to undocumented status. For example,
`U.S.-citizen children whose parents received deferred
`action experienced reduced rates of adjustment and
`anxiety disorders, compared to children whose parents
`did not. DACA further protects U.S.-citizen children
`and other immediate family members from substantial
`harms that result from having a family member, espe-
`cially the primary breadwinner, removed or living un-
`der the constant threat of removal.
`
`In sum, seven years of research into the DACA
`
`population, as well as studies of other populations that
`have gained and lost legal status or deferred action in
`the United States, show that DACA recipients and
`their family members strongly rely on the protections
`
`
`
`9
`
`of DACA, the loss of which could ripple deeply out-
`ward.
`
`I.
`
`--------------------------------- ---------------------------------
`
`ARGUMENT
`Immigrant legal status and work authoriza-
`tion have a critical impact on the lives of in-
`dividuals and their children and families.
`A. Overview of DACA and DACA Recipients.
`DACA was initiated to address the legal and social
`
`limbo in which its recipients found themselves: On one
`hand, they had grown up in the United States and saw
`this country as home, attended U.S. schools, and con-
`tributed to the country with their taxes. On the other
`hand, they were often prevented from continuing their
`education due to eligibility and tuition-related barriers
`and were unable to find legal employment. In then
`President Obama’s words, DACA was created to help
`the young people who “want to staff ou
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