Nos. 18-587, 18-588, 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, District of Columbia, and
`Second Circuits
`__________________
`Brief for Amici Curiae Institutions of Higher
`Education in Support of Respondents
`__________________
`Bruce V. Spiva
` Counsel of Record
`Amanda R. Callais
`Rebecca K. Mears
`PERKINS COIE LLP
`700 13th Street, NW, Suite 600
`Washington, D.C. 20005
`(202) 654-6203
`bspiva@perkinscoie.com
`
`Attorneys for Amici Curiae
`Becker Gallagher · Cincinnati, OH · Washington, D.C. · 800.890.5001
`
`
`
`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, District of Columbia, and
`Second Circuits
`__________________
`Brief for Amici Curiae Institutions of Higher
`Education in Support of Respondents
`__________________
`Bruce V. Spiva
` Counsel of Record
`Amanda R. Callais
`Rebecca K. Mears
`PERKINS COIE LLP
`700 13th Street, NW, Suite 600
`Washington, D.C. 20005
`(202) 654-6203
`bspiva@perkinscoie.com
`
`Attorneys for Amici Curiae
`Becker Gallagher · Cincinnati, OH · Washington, D.C. · 800.890.5001
`
`
`
`i
`LIST OF AMICI CURIAE
`This brief is filed on behalf of the following 165
`institutions of higher education located in 32 states and
`the District of Columbia:
`Adler University
`Agnes Scott College
`Alamo Community College District
`American University
`Amherst College
`Arizona State University
`Augustana College
`Austin Community College District
`Barnard College
`Beloit College
`Benedictine University - Mesa
`Berklee College of Music
`Boston University
`Bowdoin College
`Brandeis University
`Bryn Mawr College
`Bucknell University
`California Community Colleges Board of Governors
`Carleton College
`Carnegie Mellon University
`Case Western Reserve University
`Christian Brothers University
`Claremont Graduate University
`Claremont McKenna College
`Colby College
`Colorado Mountain College
`
`
`
`ii
`Colorado State University System
`Colorado State University
`Colorado State University-Global
`Colorado State University-Pueblo
`Columbia College
`Connecticut College
`Connecticut State Colleges & Universities
`Asnuntuck Community College
`Capital Community College
`Central Connecticut State University
`Charter Oak State College
`Eastern Connecticut State University
`Gateway Community College
`Housatonic Community College
`Manchester Community College
`Middlesex Community College
`Naugatuck Valley Community College
`Northwestern Community College
`Norwalk Community College
`Quinebaug Valley Community College
`Southern Connecticut State University
`Three Rivers Community College
`Tunxis Community College
`Western Connecticut State University
`Contra Costa Community College District
`Cornell College
`Dominican University
`Elon University
`Emerson College
`Foothill-De Anza Community College District
`Fort Lewis College
`Franklin & Marshall College
`Gettysburg College
`Goucher College
`
`
`
`iii
`
`Grand View University
`Grinnell College
`Guilford College
`Hamilton College
`Haverford College
`Illinois Institute of Technology
`Indiana University
`Ithaca College
`Kalamazoo College
`Knox College
`Lafayette College
`Lawrence University
`Lewis and Clark College
`Los Angeles Community College District
`Loyola University of Chicago
`Macalester College
`Maricopa County Community College District
`Marietta College
`Maryland Institute College of Art
`Marymount University
`Massachusetts College of Liberal Arts
`MassBay Community College
`Menlo College
`Metropolitan State University of Denver
`Middlebury College
`Minnesota State Colleges and Universities
`Moravian College
`Mount Holyoke College
`National Louis University
`Nevada System of Higher Education
`College of Southern Nevada
`Desert Research Institute
`Great Basin College
`Nevada State College
`
`
`
`iv
`Truckee Meadows Community College
`University of Nevada, Las Vegas
`University of Nevada, Reno
`Western Nevada College
`Northampton Community College
`Northeastern University
`Northern Essex Community College
`Northwestern Community College
`Oberlin College
`Oglethorpe University
`Oregon State University
`Passaic County Community College
`Pima County Community College District
`Pomona College
`Quinsigamond Community College
`Reed College
`Rhode Island School of Design
`Rhodes College
`Rice University
`Riverside Community College District
`Rochester Institute of Technology
`Roosevelt University
`Rutgers University-Camden
`Rutgers University-Newark
`Salisbury University
`San Bernardino Community College District
`Sarah Lawrence College
`School of the Art Institute of Chicago
`Seattle Pacific University
`Seattle University
`Simmons University
`Smith College
`Southeastern University
`Southern New Hampshire University
`
`
`
`v
`
`St. Edward’s University
`State Center Community College District
`Swarthmore College
`TCS Education System
`Pacific Oaks College & Children’s School
`Saybrook University
`The Chicago School of Professional Psychology
`The Santa Barbara & Ventura Colleges of Law
`The College of Wooster
`The New School
`The Trustees of the California State University
`Trinity Washington University
`Tufts University
`University of Arkansas
`University of Colorado
`University of Connecticut
`University of Denver
`University of Illinois System
`University of Maryland Baltimore
`University of Maryland College Park
`University of Michigan
`University of New England
`University of Northern Colorado
`University of Puget Sound
`University of San Diego
`University of Utah
`Vassar College
`Virginia Wesleyan University
`Wayne State University
`Weber State University
`Wellesley College
`Wesleyan University
`Western Oregon University
`Western Washington University
`
`
`
`vi
`
`Westminster College
`Whitman College
`Williams College
`
`
`
`vii
`TABLE OF CONTENTS
`i
`LIST OF AMICI CURIAE . . . . . . . . . . . . . . . . . . . . .
`TABLE OF AUTHORITIES . . . . . . . . . . . . . . . . . viii
`INTEREST OF AMICI CURIAE . . . . . . . . . . . . . . . . 1
`INTRODUCTION AND
`SUMMARY OF ARGUMENT . . . . . . . . . . . . . . . 2
`ARGUMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
`I.
`DACA HAS ALLOWED TENS OF
`T HO U SANDS OF PREVIOUSLY
`UNDOCUMENTED YOUTH TO PURSUE
`HIGHER EDUCATION. . . . . . . . . . . . . . . . . . 5
`DACA STUDENTS CONTRIBUTE
`IMMEASURABLY TO OUR CAMPUSES. . 11
`A. DACA Students Have Had Great
`Academic and Co-Curricular Success at
`Our Schools. . . . . . . . . . . . . . . . . . . . . . . . 13
`B. DACA Students Contribute to Campus
`Diversity, A Key Component of the
`Educational Experience. . . . . . . . . . . . . . 23
`THE RESCISSION OF DACA WILL HARM
`A M E R I C A N C O L L E G E S A N D
`UNIVERSITIES. . . . . . . . . . . . . . . . . . . . . . . 26
`CONCLUSION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
`
`III.
`
`II.
`
`
`
`viii
`TABLE OF AUTHORITIES
`
`Cases
`Batalla Vidal v. Nielsen,
`279 F. Supp. 3d 401 (E.D.N.Y. 2018) . . . . . . . . . . 4
`Fisher v. University of Texas at Austin (Fisher I),
`570 U.S. 297 (2013). . . . . . . . . . . . . . . . . . . . . . . 23
`Fisher v. Univ. of Texas at Austin (Fisher II),
`136 S. Ct. 2198 (2016). . . . . . . . . . . . . . . . . . 23, 24
`Grutter v. Bollinger,
`539 U.S. 306 (2003). . . . . . . . . . . . . . . . . . . . 23, 24
`NAACP v. Trump,
`298 F. Supp. 3d 209 (D.D.C. 2018). . . . . . . . . . . . 4
`Regents of Univ. of Cal. v. DHS,
`279 F. Supp. 3d 1011 (N.D. Cal. 2018) . . . . . . . . 4
`Statutes
`Ala. Code § 31-13-8 . . . . . . . . . . . . . . . . . . . . . . . . . . 8
`S.C. Code Ann. § 59-101-430 . . . . . . . . . . . . . . . . . . . 8
`Other Authorities
`the Team: Reyna Montoya, ALIENTO,
`About
`h t t p s : / / w w w . a l i e n t o a z . o r g / t h e -
`team/xiln91utxdyjpwkt94p3h0icez84l9. . . . . . . 16
`A m e r i c a ’ s V o i c e
`( O c t .
`3 ,
`2 0 1 7 ) ,
`https://americasvoice.org/blog/name-denisse-
`rojas-marquez-28-years-old-old-proud-
`undocumented-american-soon-doctor/ . . 14, 15, 30
`
`
`
`ix
`American Dreamers: Alfredo Avila, N.Y. Times,
`https://www.nytimes.com/interactive/projects/
`storywall/american-dreamers/stories/alfredo-
`avila. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
`American Dreamers: Anayancy Ramos, N.Y. Times,
`https://www.nytimes.com/interactive/projects/
`storywall/american-dreamers/stories/anayancy-
`ramos. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14, 17
`American Dreamers: Belsy Garcia, N.Y. Times,
`https://www.nytimes.com/interactive/projects/
`storywall/american-dreamers/stories/belsy-
`garcia. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
`American Dreamers: Brisa E. Ramirez, N.Y. Times,
`https://www.nytimes.com/interactive/projects/
`storywall/american-dreamers/stories/brisae-
`ramirez . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
`American Dreamers: Carlos Adolfo Gonzalez Sierra,
`N.Y. Times, https://www.nytimes.com/
`interactive/projects/storywall/american-dreamers/
`stories/carlos-adolfo-gonzalez-sierra. . . . . . . . 14, 17
`American Dreamers: Denisse Rojas Marquez, 2016,
`N.Y. Times, https://www.pdsoros.org/meet-the-
`fellows/denisse-rojas-marquez . . . . . . . . . . . . . . 14
`American Dreamers: Eduardo Solis, N.Y. Times,
`https://www.nytimes.com/interactive/projects/
`storywall/american-dreamers/stories/eduardo-
`solis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
`
`
`
`x
`American Dreamers: Gargi Y. Purohit, N.Y. Times,
`https://www.nytimes.com/interactive/projects/
`storywall/american-dreamers/stories/gargiy-
`purohit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
`American Dreamers: Isabelle Muhlbauer, N.Y.
`Times, https://www.nytimes.com/interactive/
`p r o j e c t s / s t o r y w a l l / a m e r i c a n -
`dreamers/stories/isabelle-muhlbauer. . . . . . . . . 30
`American Dreamers: Jin Park, N.Y. Times,
`https://www.nytimes.com/interactive/projects/
`storywall/american-dreamers/stories/jin-park . 15
`American Dreamers: Julia Verzbickis, N.Y. Times,
`https://www.nytimes.com/interactive/projects/
`storywall/american-dreamers/stories/julia-
`verzbickis. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
`American Dreamers: Kok-Leong Seow, N.Y. Times,
`https://www.nytimes.com/interactive/projects/
`storywall/american-dreamers/stories/kok-leong-
`seow . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
`American Dreamers: Nancy A., N.Y. Times,
`https://www.nytimes.com/interactive/projects/
`storywall/american-dreamers/stories/nancy-a. . 18
`Arizona State Univ., DREAMzone – DACA Alumni
`Success Stories, https://eoss.asu.edu/access/
`dreamzone . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
`
`
`
`xi
`Ass’n of Vermont Indep. Colls., Statement on the
`Revocation of the Deferred Action for Childhood
`Arrivals (DACA) Program, http://www.vermont-
`icolleges.org/Documents/DACAFinal2017.pdf. . 13
`Basic Facts about
`In-State Tuition
`for
`Undocumented Immigrant Students, NAT’L
`IMMIGRATION LAW CTR.
`(June 21, 2019),
`https://www.nilc.org/wp-content/uploads/
`2017/11/instate-tuition-basicfacts.pdf . . . . . . . . . 8
`Brandeis Univ., Mission & Diversity
`Statements, http://www.brandeis.edu/about/
`mission.html . . . . . . . . . . . . . . . . . . . . . . . . . 24, 25
`Caitlin Patler & Jorge A. Cabrera, From
`Undocumented to DACAmented: Impacts of the
`Deferred Action for Childhood Arrivals (DACA)
`Program Three Years Following
`its
`A n n o u n c e m e n t 1 5
`( J u n e 2 0 1 5 ) ,
`http://www.chicano.ucla.edu/files/Patler_DAC
`A_Report_061515.pdf . . . . . . . . . . . . . . . . . 6, 8, 11
`California Community Colleges Chancellor Eloy
`Ortiz Oakley’s Statement on
`the Trump
`Administration’s Action to End DACA for
`D r e a m e r s
`( S e p t .
`5 ,
`2 0 1 7 ) ,
`https://www.cccco.edu/About-Us/News-and-
`Media/Press-Releases/Statement-Ending-DACA
`. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
`
`
`
`xii
`DACA Population Data, USCIS (Apr. 30, 2019),
`https://www.uscis.gov/sites/default/files/USCIS
`/Resources/Reports%20and%20Studies/Immigr
`ation%20Forms%20Data/All%20Form%20Types/
`DACA/Approximate_Active_DACA_Recipients
`_Demographics_-_Apr_30_2019.pdf. . . . . . . . . . 25
`Deferred Action for Childhood Arrivals (DACA)
`Data Tools, MIGRATION POLICY INST.,
`https://www.migrationpolicy.org/programs/data-
`hub/deferred-action-childhood-arrivals-daca-
`profiles. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
`Eleanor J. Bader, As End of DACA Looms, Colleges
`and Organizers Ramp Up Efforts to Protect
`Undocumented Students, NACLA (Jan. 27,
`2017), https://nacla.org/news/2017/01/27/end-
`daca-looms-colleges-and-organizers-ramp-
`efforts-protect-undocumented-students. . . . . . . 28
`Folsom Lake Coll., Strategic Plan 2017-2020,
`https://losrios.edu/docs/lrccd/board/2017/enc/20
`170614-flc-strat-plan.pdf . . . . . . . . . . . . . . . . . . 24
`Interview by TheDream.US with Erik (Sept. 2019)
`. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
`Interview by TheDream.US with Isabel (alias)
`(Sept. 2019) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
`Interview by TheDream.US with Uzair (Sept. 2019)
`. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
`
`
`
`xiii
`Jie Zong et al., A Profile of Current DACA
`Recipients by Education,
`Industry, and
`Occupation, MIGRATION POLICY INST. (Nov.
`2017), https://www.migrationpolicy.org/research/
`profile-current-daca-recipients-education-
`industry-and-occupation. . . . . . . . . . . . 4, 7, 10, 25
`Jie Zong & Jeanne Batalova, How Many
`Unauthorized Immigrants Graduate form U.S.
`High Schools Annually?, MIGRATION POLICY
`INST. (Apr. 2019), https://www.migrationpolicy.
`org/research/unauthorized-immigrants-
`graduate-us-high-schools . . . . . . . . . . . . . . . . . . 26
`Jose Herrera, DACA Student Leads by Example,
`Los Angeles Pierce College Roundup (Sept. 13,
`2017), http://theroundupnews.com/2017/09/13/
`daca-student-leads-example/ . . . . . . . . . . . . . . . 13
`Letter from Adam Falk, President, Williams
`College, to the Williams Community (Nov. 17,
`2016), https://president.williams.edu/writings/
`caring-for-our-undocumented-students/ . . . . . . 12
`Letter from Andrew D. Hamilton, President New
`York University to Donald J. Trump, President
`(Sept. 1, 2017), http://www.nyu.edu/content/dam/
`nyu/president/documents/09-01-17-daca-
`letter.pdf . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
`Letter from Biddy Martin, President, Amherst
`College to Donald J. Trump, President (Aug. 30,
`2017), https://www.amherst.edu/amherst-
`story/president/statements/node/689036 . . . . . . 11
`
`
`
`xiv
`Letter from David W. Leebron, President, Rice
`University (Sept. 5, 2017), https://president.rice.
`edu/daca-announcement. . . . . . . . . . . . . . . . . . . 13
`Letter from Drew Gilpin Faust, President, Harvard
`University, to Donald J. Trump, President (Aug.
`28, 2017), https://www.harvard.edu/president/
`news/2017/letter-to-president-trump-regarding-
`daca . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
`Letter from Kathleen McCartney, President, Smith
`College, to Students, Staff and Faculty (Sept. 5,
`2017), https://smith.edu/president-kathleen-
`mccartney/letters/2017-18/responding-to-daca-
`decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
`Letter from Lee Pelton, President, Emerson
`College, to Emerson Community (Sept. 6, 2017),
`http://www.emerson.edu/news-events/emerson-
`college-today/pelton-reaffirms-support-emerson-
`daca-students#.We5Ui2you70 . . . . . . . . . . . . . . 12
`Letter from Ron Liebowitz, President, Brandeis
`University, to Donald J. Trump, President (Sept.
`5, 2017), http://www.brandeis.edu/president/
`letters/2017-09-05.html . . . . . . . . . . . . . . . . . . . 12
`Letter from Vincent E. Price, President Duke
`University, to Donald J. Trump, President (Aug.
`30, 2017), https://today.duke.edu/2017/08/duke-
`university-letter-support-daca . . . . . . . . . . . . . . 12
`
`
`
`xv
`Letter of Joseph E. Aoun, President, Northeastern
`University, to all members of the Northeastern
`C o m m u n i t y
`( S e p t . 4 , 2 0 1 7 ) ,
`http://www.northeastern.edu/president/2017/0
`9/04/turning-ideals-into-action/ . . . . . . . . . . . . . 13
`Marcelo Suárez-Orozco et al., Inst. for Immigration,
`Globalization, & Educ., In the Shadows of the
`Ivory Tower: Undocumented Undergraduates
`and the Liminal State of Immigration Reform 1
`(2015), https://escholarship.org/uc/item/2hq679z4
`. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22, 25
`Middlebury Coll., Diversity and
`Inclusion,
`ht t p : / / w w w . m i ddl eb ury .edu/ st udent-
`life/community-living/diversity-inclusivity . . . . 24
`Monica Scott, Undocumented: One immigrant’s
`story of life under DACA, MLive (Aug. 29, 2017),
`h t t p : / / w w w . m l i v e . c o m / n e w s / g r a n d -
`rapids/index.ssf/2017/08/one_daca_students_
`story_about.html. . . . . . . . . . . . . . . . . . . . . . . . . 13
`Nicole Prchal Svajlenka, What We Know about
`DACA Recipients in the United States, CTR. FOR
`AMERICAN PROGRESS
`(Sept. 5, 2019),
`https://www.americanprogress.org/issues/immi
`gration/news/2019/09/05/474177/know-daca-
`recipients-united-states/. . . . . . . . . . . . . . . . 29, 30
`Penny Schwartz, A Jewish ‘Dreamer’ is scared, but
`refuses to despair, Jewish Telegraphic Agency
`(Sept. 6, 2017), https://www.jta.org/2017/09/06/
`news-opinion/united-states/a-jewish-dreamer-is-
`scared-but-refuses-to-despair . . . . . . . . . . . . 15, 16
`
`
`
`xvi
`Pomona Coll., Statement in Support of the Deferred
`Action for Childhood Arrivals (DACA) Program
`and Our Undocumented Students,
`https://www.pomona.edu/news/2016/11/21-
`college-university-presidents-call-us-uphold-and-
`continue-daca . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
`Resolution of the Board of Governors, California
`Community Colleges, No. 2017-01 (Jan. 18,
`2017) https://www.ccleague.org/sites/default/
`files/federal_advocacy/BOG_Election_REVISED-
`Resolution%20%281%29.pdf . . . . . . . . . . . . 12, 13
`Rice Univ., Statement of Office of Diversity
`and Inclusion, https://www.rice.edu/mission-
`values . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
`Statement of Susan Herbst, President, University
`of Connecticut, to the University of Connecticut
`Community
`(Sept. 5, 2017), https://today.
`uconn.edu/2017/09/president-herbst-responds-
`daca-decision/ . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
`TheDream.US, 2018-2019 Scholar Survey (Aug.
`2019) (on file with author) . . . . . . . . . . . . . passim
`Tom K. Wong et al., DACA Recipients’ Livelihoods,
`Families, and Sense of Security Are at Stake
`This November, CTR. FOR AMERICAN PROGRESS
`(Sept. 19, 2019), https://www.americanprogress.
`org/issues/immigration/news/2019/09/19/47463
`6/daca-recipients-livelihoods-families-sense-
`security-stake-November/. . . . . . . . . . . . . . passim
`
`
`
`xvii
`Univ. of Michigan, Statement on DACA from
`President Mark Schlissel (Sept. 3, 2017),
`h t t p s : / / p r e s i d e n t . u m i c h . e d u / n e w s -
`communications/statements/ statement-on-daca-
`from-president-mark-schlissel/. . . . . . . . . . . . . . 12
`Zenen Jaimes Pérez, How DACA Has Improved the
`Lives of Undocumented Young People, CTR. FOR
`AMERICAN PROGRESS 5
`(Nov. 19, 2014),
`https://cdn.americanprogress.org/wp-
`content/uploads/2014/11/BenefitsOfDACABrief
`2.pdf. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
`
`
`
`1
`INTEREST OF AMICI CURIAE1
`Amici are 165 institutions of higher education
`located in 32 states and the District of Columbia. Amici
`include large public universities, private research
`universities, liberal arts colleges, community colleges,
`and faith-based institutions. We are located in urban
`centers and rural farm areas throughout states that
`span the political spectrum. Collectively, amici have
`taught and employed millions of people.
`Amici have seen firsthand the positive effects of
`Deferred Action for Childhood Arrivals (“DACA”) on
`their campuses. DACA has facilitated the pursuit of
`higher education by undocumented youth
`in
`unprecedented numbers, ensuring that once enrolled,
`these students are positioned to succeed. As a result of
`DACA, thousands of talented and hard-working young
`people have made significant and wide-ranging
`contributions to amici’s campuses. They form a key
`part of our campus life and as institutions we benefit
`
`1 The parties have given blanket consent to the filing of amicus
`curiae briefs in this case. Pursuant to Supreme Court Rule 37.6,
`counsel for amici state that no counsel for a party authored this
`brief in whole or in part, and no person other than amici, their
`members, or their counsel made any monetary contribution
`intended to fund the preparation or submission of this brief. Out
`of an abundance of caution, counsel notes that Jenner & Block
`LLP, counsel for Respondents the Trustees of Princeton
`University, Microsoft Corporation, Maria De La Cruz Perales
`Sanchez, represented some of amici in the Second and Ninth
`Circuits and filed a brief similar in some respects to this one.
`However, Jenner & Block played no role in authoring this brief
`beyond the work it had already done in connection with the Second
`and Ninth Circuit briefs.
`
`
`
`2
`greatly from the energy and academic excellence they
`bring. Amici have also made substantial investments
`in the education of undocumented youth in reliance on
`DACA. Although these students unquestionably benefit
`from being able to attend our institutions—and this is
`something DACA certainly
`facilitates—we as
`institutions also benefit significantly from the many
`contributions, discussed herein, this remarkable group
`of young people make to our schools and communities.
`We believe the perspective we bring as institutions
`is relevant to this case because it will demonstrate to
`the Court that another group—beyond DACA
`recipients themselves—will be harmed by the
`Petitioners’ actions. Amici Institutions of Higher
`Education share the Respondents’ interest in a diverse
`student body, and this brief demonstrates that
`Petitioners’ arbitrary and capricious actions will impact
`institutions of all sizes throughout the nation.
`INTRODUCTION AND
`SUMMARY OF ARGUMENT
`American institutions of higher education benefit
`profoundly from the presence of immigrant students on
`our campuses. Whether they attend large public
`universities, private research universities, liberal arts
`colleges, or community colleges, these students
`contribute a perspective and experience that is unique
`and
`important. That
`is especially
`true of
`Dreamers—that is, undocumented young people who
`were brought to the United States as children.
`Through no choice of their own, Dreamers were
`raised and educated in this country as Americans. They
`
`
`
`3
`have worked and studied in American schools; have
`prepared and trained for all manner of careers; and
`have strived to innovate, achieve, and serve their
`communities. Yet, until DACA was announced in 2012,
`they lived under the threat that the government might
`one day come calling and remove them from the
`country that has become their home. Though they
`might have dreamed of bright futures, for many their
`undocumented status stood as an impenetrable
`roadblock to one of the most fundamental tools for a
`successful future: College.
`DACA changed this and has provided up to 1.3
`million Dreamers with an opportunity to apply for
`temporary protection from removal, to pursue their
`education, and to work legally in the United States.2 To
`qualify for DACA, Dreamers are required to meet strict
`conditions, including, completing high school, obtaining
`a GED, or being currently enrolled in school in the
`United States. In addition, Dreamers are required to
`pay a significant application fee and provide detailed
`personal information to the government—a significant
`request given the hesitancy of undocumented persons
`to have any
`interaction with the government
`whatsoever. But the students who have signed up and
`placed their trust in the government received in
`exchange the opportunity to pursue higher education.
`And they have done so in unprecedented numbers.
`Indeed, in fall 2017, estimates show that of the close to
`
`2 Deferred Action for Childhood Arrivals (DACA) Data Tools,
`MIGRATION POLICY INST., https://www.migrationpolicy.org/
`programs/data-hub/deferred-action-childhood-arrivals-daca-
`profiles (last visited Sept. 27, 2019).
`
`
`
`4
`700,000 then-active DACA recipients, over 120,000
`were in post-secondary education.3
`On September 5, 2017, Petitioners announced they
`were rescinding DACA. This misguided, arbitrary and
`capricious decision will harm the thousands of
`remarkable young people who are already DACA
`recipients and millions more who would seek to take
`advantage of the opportunities that DACA provides.
`But, critically, it will also harm the country, which will
`be deprived of the many contributions Dreamers would
`otherwise be able to make.
`Challenges to DACA’s rescission were filed in the
`United States District Court for the Northern District
`of California, Regents of Univ. of Cal. v. DHS, 279 F.
`Supp. 3d 1011 (N.D. Cal. 2018), the District of
`Columbia, NAACP v. Trump, 298 F. Supp. 3d 209
`(D.D.C. 2018), and the Eastern District of New York,
`Batalla Vidal v. Nielsen, 279 F. Supp. 3d 401 (E.D.N.Y.
`2018). These cases were each appealed to their
`respective circuit courts before the Court granted
`certiorari. The cases were consolidated and are now
`before the Court. In all three cases, lower courts either
`
`3 Jie Zong et al., A Profile of Current DACA Recipients by
`Education, Industry, and Occupation, MIGRATION POLICY INST.
`(Nov. 2017), https://www.migrationpolicy.org/research/profile-
`current-daca-recipients-education-industry-and-occupation (follow
`“DACA Recipients by State” hyperlink to excel document) (The
`data provided comes from a Migration Policy Institute analysis of
`U.S. Census Bureau data from the pooled 2010-2014 American
`Community Surveys and 2008 Survey of Income and Program
`Participation, with legal status assignments by James Bachmeier
`of Temple University and Jennifer Van Hook of the Pennsylvania
`State University, Population Research Institute.).
`
`
`
`5
`enjoined or vacated Petitioners’ decision to rescind
`DACA.
`Amici collectively have educated thousands of
`DACA beneficiaries, and we have benefited from their
`talents and the passion they bring to our campuses.
`Even those amici who have no DACA beneficiaries
`currently on campus view DACA as core to their
`educational missions. In this brief, amici explain how
`we will be harmed if DACA is rescinded. For that
`reason, amici support Respondents and respectfully
`urge the Court to affirm the judgments of the courts
`below.
`
`I.
`
`ARGUMENT
`DACA HAS ALLOWED TENS OF
`T H O U S A N D S O F P R E V I O U S L Y
`UNDOCUMENTED YOUTH TO PURSUE
`HIGHER EDUCATION.
`DACA has enabled previously undocumented
`students to pursue higher education in several
`important ways that benefit the amici institutions
`through heightened interest in enrollment, financial
`support, improved diversity, and myriad contributions
`to campus life.
`First, to qualify for deferred action under DACA, an
`applicant must generally obtain a high school diploma,
`GED certificate, or be enrolled in school. The possibility
`of securing deferred action provides a powerful
`incentive for students to stay in school, increasing the
`likelihood that they will pursue postsecondary
`education and become taxpayers and significant
`contributors to our society.
`
`
`
`6
`Second, prior to DACA, undocumented students felt
`the need to hide their status from others, which
`constrained their access to academic resources and
`their ability to apply to college.4 Not surprisingly,
`undocumented students who felt the need to hide their
`status from school personnel or peers during high
`school are significantly less likely even to think college
`is a possibility.5 DACA provides hard-working and
`passionate young individuals with the assurance that
`they can attend higher education without fear of
`deportation. In a 2019 survey of more than 1,100 DACA
`recipients by the Center for American Progress (the
`“2019 CAP survey”), 93 percent of those enrolled in
`school stated that DACA allowed them to pursue
`educational opportunities that they previously could
`not.6 In fact, those who receive DACA are almost as
`likely as U.S. citizens of the same age group to be
`enrolled in college; an analysis of U.S. Census data and
`data
`from the United States Citizenship and
`Immigration Services (“USCIS”) on DACA recipients
`
`4 Caitlin Patler & Jorge A. Cabrera, From Undocumented to
`DACAmented: Impacts of the Deferred Action for Childhood
`Arrivals
`(DACA) Program Three Years Following
`its
`Announcement 15 (June 2015), http://www.chicano.ucla.edu/files/
`Patler_DACA_Report_061515.pdf.
`
`5 Id. at 16.
`
`6 Tom K. Wong et al., DACA Recipients’ Livelihoods, Families, and
`Sense of Security Are at Stake This November, CTR. FOR AMERICAN
`PROGRESS (Sept. 19, 2019), https://www.americanprogress.org/
`issues/immigration/news/2019/09/19/474636/daca-recipients-
`livelihoods-families-sense-security-stake-November/ (This study
`included 1,105 DACA recipients in 40 states as well as the District
`of Columbia.).
`
`
`
`7
`from 2010-2014 indicates that 18 percent of DACA
`recipients were enrolled in college versus 20 percent of
`U.S. citizens of the same age group.7 The 2019 CAP
`survey found that over 53 percent of all respondents
`over the age of 25 reported obtaining a bachelor’s
`degree or higher.8
`Third, DACA enables students to secure social
`security numbers and photo identification. Something
`as simple as flying on an airplane was previously all
`but impossible for undocumented youth. With DACA,
`they can fly across the country to visit campuses,
`attend school and academic conferences, and even
`obtain authorization to study abroad. Likewise, with a
`social security number, they can apply for financial aid
`and fee waivers that were previously unobtainable and
`secure credit to fund other education-related expenses.
`Given that DACA students come from families whose
`parents lack legal status—and thus frequently are
`unable to secure high-paying jobs—the availability of
`financial aid is all the more crucial to their ability to
`attend college or university.
`Fourth, DACA enables students to apply for work
`authorization. With the ability to work part-time jobs
`and participate
`in work-study programs,
`undocumented students can better afford school—
`something previously made difficult or impossible by
`
`7 Zong et al., supra note 3.
`
`8 Wong et al., supra note 6.
`
`
`
`8
`the inability to work lawfully.9 Likewise, the ability to
`secure a legitimate job following graduation from
`college provides a powerful incentive to pursue a
`college education; and the inability to secure such a job
`likewise dissuades promising students from pursuing
`higher education. DACA thus increases the value of
`higher education itself for undocumented students.
`Fifth, DACA has enabled students to overcome state
`laws that impede their ability to pursue higher
`education. For example, DACA recipients may enroll in
`public colleges and universities in states where they
`would otherwise be barred from attending,10 and may
`apply for in-state tuition in others, making it far easier
`for them to afford a college education.11 Over 20 states
`provide access to in-state tuition (at the state,
`institutional, or system level) to undocumented
`students who meet residency requirements.12 The
`continued existence of DACA is essential to allow
`students in these states to utilize these opportunities
`without fear of deportation.
`
`9 See Zenen J. Pérez, How DACA Has Improved the Lives of
`Undocumented Young People, CTR. FOR AMERICAN PROGRESS 5
`(Nov. 19, 2014), https://cdn.americanprogress.org/wp-
`content/uploads/2014/11/BenefitsOfDACABrief2.pdf; Patler &
`Cabrera, supra note 4, at 18.
`
`10 See, e.g., Ala. Code § 31-13-8; S.C. Code Ann. § 59-101-430.
`
`11 See Pérez, supra note 9, at 4.
`
`12 Basic Facts about In-State Tuition for Undocumented Immigrant
`Students, NAT’L IMMIGRATION LAW CTR. (June 21, 2019),
`https://www.nilc.org/wp-content/uploads/2017/11/instate-tuition-
`basicfacts.pdf.
`
`
`
`9
`Sixth, DACA enables students to envision a future
`for themselves in this country, providing the incentive
`to pursue a degree, develop skills and expertise, and
`invest in their future here. In an August 2019 survey
`by TheDream.US of over 1,800 of their Dreamer
`scholars (“TheDream.US 2019 survey”), 84 percent
`indicated they intended to complete a master’s,
`doctoral, or professional degree after college; 57 percent
`indicated that they were pursuing a degree that
`required occupational licensing.13 Likewise, DACA also
`enables Dreamers to major in high demand and
`technical career fields. In the 2019 CAP survey, 24
`percent of respondents indicated that they were
`majoring in STEM-related fields, including biology,
`engineering, and computer and information science.
`Similarly, 15 percent of respondents indicated they
`were
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
