`
`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