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Ninth Circuit Upholds Lower Court's Ruling Allowing for DACA Renewals to Continue

November 8, 2018

photo of two plaintiffs

LOS ANGELES — The U.S. 9th Circuit Court of Appeals issued a decision today on a claim from six Deferred Action for Childhood Arrivals (DACA) beneficiaries who argued that the government’s decision to rescind DACA violated their rights under the Due Process Clause of the Constitution. The court ruled in favor of continuing the program, noting that the rescission of DACA is “arbitrary, capricious, or otherwise not in accordance with law.”

The court started its opinion by declaring that Public Counsel's client “Dulce Garcia embodies the American dream,” and it rejected the Administration’s position that DACA was illegally effectuated.

“It’s time that our government end its cruel campaign against hundreds of thousands of young men and women who are serving the only nation they have ever known, bettering all our lives and addressing the needs of our most disadvantaged communities. Today the Statue of Liberty flashed a wide grin.”

Mark Rosenbaum, lead attorney for plaintiffs, Director of Opportunity Under Law at Public Counsel

The  “Dreamers Case is the first lawsuit from DACA beneficiaries seeking to block the Trump Administration from ending the program.

Originally filed as Garcia v. United States, Public Counsel, Gibson Dunn & Crutcher, LLC and Immigrant Advocacy and Litigation Center, PLLC represented six DACA beneficiaries claiming the government’s decision to rescind DACA violated their rights under the Due Process Clause of the Constitution. Garcia was consolidated with four other lawsuits brought by the State of California, the City of San Jose, the County of Santa Clara and the University of California. The six DACA beneficiaries are also represented by Laurence Tribe, professor of constitutional law at Harvard Law School; Erwin Chemerinsky, dean of University of California, Berkeley Law School; and Leah Litman, assistant professor of constitutional law at University of California, Irvine Law School.

To read the full decision, Click HERE.

For more information on the case originally filed as Garcia v. United States, Click HERE.