`NO. 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 Court of Appeals
`for District of Columbia, Ninth and Second Circuits
`
`BRIEF OF AMICUS CURIAE
`GOVERNMENT OF THE UNITED MEXICAN STATES
`IN SUPPORT OF RESPONDENTS
`
`
`
`
`
`ADELA ELVIA RUTH MCCHESNEY
` COUNSEL OF RECORD
`FAYE MAGDALENA KOLLY
`DE MOTT, MCCHESNEY, CURTRIGHT & ARMENDARIZ, LLP
`8023 VANTAGE DRIVE, SUITE 800
`SAN ANTONIO, TX 78230
`(210) 590-1844
`RUTH@DMCAUSA.COM
`OCTOBER 3, 2019
`
`
`
`
` COUNSEL FOR AMICUS CURIAE
`
`
`
`i
`
`TABLE OF CONTENTS
`
`
`
`Page
`TABLE OF AUTHORITIES ....................................... ii
`INTEREST OF AMICUS CURIAE ............................ 1
`ARGUMENT ............................................................... 4
`I. PROTECTION OF DACA RECIPIENTS’ WELL-
`BEING IS AN INTEGRAL PART OF MEXICO’S
`FOREIGN POLICY ................................................ 4
`
`II. BENEFICIARIES OF THE DEFERRED ACTION
`FOR CHILDHOOD ARRIVALS PROGRAM
`CONTRIBUTE SIGNIFICANTLY TO THE U.S.
`
`ECONOMY .......................................................... 7
`
`III. MILLIONS OF UNITED STATES CITIZENS AND
`LAWFUL PERMANENT RESIDENTS ARE
`POSITIVELY IMPACTED BY DACA ...................... 14
`A. The DACA Program Strengthens
`Cultural Ties between Mexico and the
`United States ............................................ 18
`B. The DACA Program Strengthens
`Educational Ties between Mexico and
`the United States ...................................... 21
`IV. DACA HAS STRENGTHENED CROSS BORDER
`EXCHANGES IN MULTIPLE AREAS .................... 24
`V. THE U.S. HAS UNDERTAKEN TO PROTECT
` DACA RECIPIENTS AS PART OF ITS
`
`INTERNATIONAL OBLIGATIONS UNDER THE
`
`ICCPR ............................................................. 26
`CONCLUSION .......................................................... 32
`
`
`
`
`ii
`
`Page
`
`TABLE OF AUTHORITIES
`TABLE OF AUTHORITIES
`CASES
`Arizona v. United States,
`567 U.S. 387 (2012) ............................................. 2
`Casa de Maryland v. U.S. Dep’t of Homeland
`Sec., No. 18-1521 (4th Cir. 2019)
`cert granted, No. 18-589
`(docketed Nov. 5, 2019) ....................................... 1
`Dep’t of Homeland Security v. Regents of the
`U. of Cal., Sup. Ct. Nos. 18-587, 18-588,
`and 18-589 ........................................................... 7
`Hines v. Davidowitz,
`312 U.S. 52 (1941) ............................................... 2
`McAleenan v. Batalla Vidal,
`No. 18-589 (consolidated with 18-587,
`18-588) (docketed Nov. 5, 2019) .......................... 4
`Medellin v. Texas,
`552 U.S. 491 (2008), ............................................ 2
`Morrison v. Nat’l Austl. Bank,
`561 U.S. 247 (2010) .............................................. 2
`Regents of the University of California
`v. U.S. Dep’t of Homeland Sec.,
`No. 18-15068 (9th Cir. 2018), cert granted,
`No. 18-589 (docketed Nov. 5, 2019) .................... 1
`
`
`
`
`
`
`iii
`
`TABLE OF AUTHORITIES—Continued
`
`Page
`
`STATUTES
`INA § 212(a)(9)(B) ..................................................... 24
`NAFTA Implementation Act,
`Pub. L No: 103-182 (1993) ................................. 26
`
`REGULATIONS
`8 C.F.R. § 214(b) ................................................. 24, 25
`8 C.F.R. § 274a.12(c)(14) ........................................... 29
`
`MEXICAN GOVERNMENT DOCUMENTS
`Press Release, Embassy of Mexico in the
`United States, Impact of the DACA
`Rescission Among the Mexican
`Community in the United States of
`America (Sept. 27, 2019) available at
`https://embamex.sre.gob.mx/eua/index.
`php/en/press-releases/61-press-releases-
`2019 .................................................................. 5, 6
`Secretaría de Relaciones Exteriores,
`Canciller Ruiz Massieu Se Reúne con
`Jóvenes Dreamers, GOBIERNO DE MEXICO
`(JULY 4, 2016) AVAILABLE AT
`https://www.gob.mx/sre/prensa/canciller-
`ruiz-massieu-se-reune-con-jovenes-
`dreamers. ........................................................... 25
`
`
`
`
`
`iv
`
`TABLE OF AUTHORITIES—Continued
`
`Page
`
`Secretaría de Relaciones Exteriores, El
`Gobierno de México Lamenta
`Profundamente la Cancelación del
`Programa de Acción Diferida para los
`Llegados en la Infancia (DACA), GOBIERNO
`DE MÉXICO (Sept. 5, 2017) available at
`https://www.gob.mx/sre/prensa/el-gobierno-
`de-mexico-lamenta-profundamente-la-
`cancelacion-del-programa-de-accion-
`diferida-para-los-llegados-en-la-infancia-
`daca ...................................................................... 6
`Secretaría de Relaciones Exteriores,
`El gobierno de México lamenta
`profundamente la cancelación del
`Programa de Acción Diferida para los
`Llegados en la Infancia (DACA), GOBIERNO
`DE MÉXICO (Sept. 5, 2017) available at
`https://www.gob.mx/sre/prensa/el-gobierno-
`de-mexico-lamenta-profundamente-la-
`cancelacion-del-programa-de-accion-
`diferida-para-los-llegados-en-la-infancia-
`daca. ..................................................................... 6
`
`
`
`
`
`v
`
`TABLE OF AUTHORITIES—Continued
`
`Page
`INTERNATIONAL LAW AND U.N. DOCUMENTS
`North American Free Trade Agreement, Can.–
`Mex.–U.S., Dec. 17, 1992, 32 I.L.M. 289. ........... 3
`Rep. of the United States of Amer. Submitted
`to the U.N. in Accordance with paragraph
`5 of the Annex to the Human Rights
`Council Resolution 16/21, 22nd Sess., Feb.
`13, 2015, UN Doc. A/HRC/WG.6/22/USA/1
`(4–15 May 2015) ................................................ 30
`UN General Assembly, International
`Covenant on Civil and Political Rights,
`Dec. 16, 1966, 999 U.N.T.S. 171 ................. 26, 28
`Universal Declaration of Human Rights, Dec.
`10, 1948, G.A. Res. 217A, 3 U.N. GAOR,
`U.N. Doc. A/810. ................................................ 26
`VCCR, art. 5, Apr. 24, 1963,
`21 U.S.T. 77, 596 U.N.T.S. 261 ........................... 1
`
`
`
`
`
`vi
`
`TABLE OF AUTHORITIES—Continued
`
`Page
`
`U.S. GOVERNMENT DOCUMENTS
`138 Cong. Rec. S4784
`(daily ed. Apr. 2, 1992) ...................................... 27
`Ben Harrington, An Overview of Discretionary
`Reprieves from Removal: Deferred Action,
`DACA, TPS, and Others, CONG. RESEARCH
`SERV. REP. No. 7-5700 (Apr. 10, 2018) .............. 28
`Janet Napolitano, David Aguilar and John
`Morton, Memorandum from Sec’y of
`Homeland Sec., Janet Napolitano to
`Acting Commissioner, U.S. Customs and
`Boarder Protection, David V. Aguilar,
`Director of U.S. Citizenship and
`Immigration Services, and Director of
`U.S. Immigration and Customs
`Enforcement, John Morton
`(June 15, 2012) .............................................. 7, 28
`President Barack Obama,
`Press Release, Remarks from the
`President on Immigration (June 15, 2012) ....... 24
`
`
`
`
`
`vii
`
`TABLE OF AUTHORITIES—Continued
`
`Page
`
`U.S. Dep’t of State,
`U.S. Relations with Mexico (Apr. 1, 2019)
`available at https://www.state.gov/u-s-
`relations-with-mexico / ........................................ 3
`U.S. Senator Martin Heinrich,
`Ending DACA Means Widespread
`Economic Harm, JOINT ECON. COMM.
`DEMOCRATS (Sept. 6, 2017) available at
`https://www.jec.senate.gov/public/index.
`cfm/democrats/2017/9/ending-daca-means-
`widespread-economic-harm. ............................. 13
`United States Citizenship and Immigration
`Services, Data Set: Form I-821D Deferred
`Action for Childhood Arrivals (June 30,
`2019) https://www.uscis.gov/sites/default/
`files/USCIS/Resources/Reports%20and%
`20Studies/Immigration%20Forms%20Data/
`Static_files/DACA_Population_Receipts_
`since_Injunction_Jun_30_2019.pdf (last
`visited Sept. 25, 2019) .......................................... 2
`
`
`
`
`
`viii
`
`TABLE OF AUTHORITIES—Continued
`
`Page
`
`OTHER AUTHORITIES
`Aliyya Swaby,
`Texas School Districts Struggle to Recruit
`Bilingual Certified Teachers,
`THE TEXAS TRIBUNE, (Feb. 21, 2017),
`https://www.texastribune.org/2017/02/21/
`texas-school-districts-struggle-bilingual-
`certified-teachers/ .............................................. 23
`Amy Hsin & Francesc Ortega, IZA Institute of
`Labor Econ., The Effects of Deferred
`Acton for Childhood Arrivals on the
`Educational Outcomes of Undocumented
`Students (Oct. 2017) .......................................... 16
`Ann M. Simmons,
`The End of DACA Would Be ‘a Big Win
`for Mexico,’ Foreign Secretary Says, L.A.
`TIMES (Sept. 14, 2017, 11:15 AM)
`available at https://www.latimes.com/
`world/mexico-americas/la-fg-global-
`mexico-foreign-secy-qa-20170909-story.
`html. ..................................................................... 6
`Caitlin Patler & Whitney Laster Pirtle,
`From Undocumented to Lawfully Present:
`Do Changes to Legal Status Impact
`Psychological Well being Among Latino
`Immigrant Young Adults?,
`199 SOC. SCI. & MED. (Feb. 2018) ...................... 18
`Fernanda Uriegas,
`Undocumented Entrepreneurs Rise
`Above Policy Making,
`
`
`
`
`
`ix
`
`TABLE OF AUTHORITIES—Continued
`
`Page
`
`Forbes (May 12, 2018, 2:31 PM) available
`at https://www.forbes.com/sites/
`fernandafabian/2018/05/12
`/undocumented-entrepreneurs-rise-above-
`policy-making/#49389b4b4ee4 .......................... 11
`Financial Implications for the Social Security
`Trust Funds of the President’s Executive
`Actions on Immigration, Announced
`November 20, 2014: Hearing before
`S. Comm on Homeland Sec.
`and Gov. Affairs, (Feb. 4, 2015) ........................ 10
`Gardenia Mendoza,
`22 “Dreamers,” Invitados de Honor en
`México, THE CALIFORNIA-MEXICO STUDIES
`CENTER, INC. (July 16, 2015, 5:10 PM)
`available at https://www.california-
`mexicocenter.org/22-dreamers-invitados-
`de-honor-en-mexico/ ........................................... 25
`Grace Tatter,
`Why DACA Works, Harvard Ed.
`(Winter 2019), available at
`https://www.gse.harvard.edu/news/ed/19/
`01/why-daca-works. ........................................... 19
`Greg Toppo,
`20,000 DACA Teachers at Risk—and Your
`Kids Could Feel the Fallout, Too,
`USA TODAY, (Oct. 11, 2017), https://www.
`usatoday.com/story/news/2017/10/11/
`thousands-daca-teachers-risk/752082001/ ....... 23
`
`
`
`
`
`x
`
`TABLE OF AUTHORITIES—Continued
`
`Page
`
`Jens Hainmueller et al.,
`Protecting Unauthorized Immigrant
`Mothers Improves Their Children’s
`Mental Health, 357 SCIENCE 955, 1043
`(Sept. 8, 2017). ................................................... 15
`Jie Zong, Ariel G. Ruiz Soto, Jeanne Batalova,
`Julia Gelatt, Randy Capps, A Profile of
`Current DACA Recipients by Education,
`Industry, and Occupation, MIGRATION
`POLICY INSTITUTE, (Nov. 2017),
`https://www.migrationpolicy.org/research/
`profile-current-daca-recipients-education-
`industry-and-occupation ......................... 8, 16, 23
`Johns Hopkins,
`WIC Participation Better Among
`Vulnerable, U.S. Citizen Children Whose
`Mothers are Eligible for DACA,
`(May 29, 2018) ................................................... 17
`Jose Magaña-Salgado & Tom K. Wong,
`Draining the Trust Funds: Ending DACA
`and the Consequences to Social Security
`and Medicare, IMMIGRANT LEGAL
`RESOURCE CTR., at 9 (Oct. 2017),
`https://www.ilrc.org/sites/default/files/
`resources/2017-09-29_draining_the_trust_
`funds_final.pdf. .................................................. 10
`Joseph Hincks,
`CEOs From More Than 400 Leading U.S.
`Companies Urge Trump to Keep DACA,
`
`
`
`
`
`xi
`
`TABLE OF AUTHORITIES—Continued
`
`Page
`
`(Sep. 5, 2017), https://fortune.com/2017/09/
`05/daca-trump-dreamers-business-leaders / ...... 13
`Julia Cusick,
`New Data Highlight DACA Recipients’
`Contributions to Families and
`Communities, CTR. FOR AMER. PROGRESS
`(Sept. 5, 2019) available at https://www.
`americanprogress.org/press/release/2019/
`09/05/474185/release-new-data-highlight-
`daca-recipients-contributions-families-
`communities/ ..................................................... 14
`Julia Horowitz,
`These Dreamers Started Businesses. Will
`They Have to Leave Them Behind?, CNN
`(Oct. 5, 2017, 12:07 PM) available at
`https://money.cnn.com/2017/10/04/news/
`daca-dreamers-entrepreneurs/index.html. ....... 11
`Mary Ellen Flannery,
`Fear and Longing: Life for Students with
`Undocumented Parents, NAT’L EDUC.
`ASS’N (July 10, 2017) available at http://
`neatoday.org/2017/07/10/students-with-
`undocumented-parents / ................................... 15
`Michel Martin,
`DACA, A Student’s Story: ‘They Are The
`Types Of Immigrants You Want In Your
`Country’ (Sep. 16, 2017 7:44 PM)
`available at https://www.npr.org/2017/09/
`16/551544757/daca-a-students-story-they-
`
`
`
`
`
`xii
`
`TABLE OF AUTHORITIES—Continued
`
`Page
`
`are-the-types-of-immigrants-you-want-in-
`your-country. ..................................................... 20
`Nat’l Immigration Forum,
`Deferred Action Basics (Apr. 15, 2016)
`available at https://immigrationforum.org/
`article/deferred-action-basics / .......................... 29
`Nat’l Immigration Law Center,
`Frequently Asked Questions (Dec. 2014)
`available at https://www.nilc.org/issues/
`health-care/aca_mixedstatusfams/ ................... 14
`New Economy America,
`California Student Uses DACA Status to
`Start a Business (Sept. 17, 2017) ....................... 9
`Nicole Prchal Svajlenka,
`What We Know About DACA Recipients
`in the United States, CTR. FOR AMER.
`PROGRESS (Sept. 5, 2019, 9:00 AM)
`available at https://www.
`americanprogress.org/issues/immigration/
`news/2019/09/05/474177/know-daca-
`recipients-united-states / ........................... passim
`Omolara T. Uwemedimo,
`Ana C. Monterrey, Julie M. Linton,
`A Dream Deferred: Ending DACA
`Threatens Children, Families, and
`Communities, 140 AM. ACAD. OF
`PEDIATRICS, No. 6 (Dec. 2017), available at
`https://pediatrics.aappublications.org/cont
`ent/140/6/e20173089 .......................................... 15
`
`
`
`
`
`xiii
`
`TABLE OF AUTHORITIES—Continued
`
`Page
`
`Patrick Oakford,
`Administrative Action on Immigration
`Reform, The Fiscal Benefits of Temporary
`Work Permits, CTR. FOR AMER. PROGRESS
`at 6 (2014) https://ampr.gs/1vw27HZ ................. 8
`Rebecka Rosenquist,
`The ‘Warming Effect’ of DACA on
`American Children, PENN LEONARD DAVIS
`INSTITUTE OF HEALTH ECONOMICS
`(June 4, 2018) .................................................... 17
`Rep. of the United States of Amer. Submitted to
`the U.N. in Accordance with paragraph 5 of
`the Annex to the Human Rights Council
`Resolution 16/21, 22nd Sess., Feb. 13, 2015,
`UN Doc. A/HRC/WG.6/22/USA/1 (4–15 May
`2015) ................................................................... 31
`Report submitted by the United States of
`America under art. 40 of the ICCPR,
`U.N. Doc. CCPR/C/81/Add 4(1994), .................. 27
`Roberto G. Gonzales,
`Investing in the American Dream,
`IMMIGRATION POL’Y CTR. (Dec. 2010)
`https://exchange.
`americanimmigrationcouncil.org/sites/
`default/files/research/Gonzales_-_
`Investing_in_the_American_DREAM_
`120210.pdf ................................................... 20, 21
`Rodrigo Dominguez-Villegas,
`Protection and Reintegration: Mexico
`Reforms Migration Agenda in an
`
`
`
`
`
`xiv
`
`TABLE OF AUTHORITIES—Continued
`
`Page
`
`Increasingly Complex Era, MIGRATION
`POLICY INSTITUTE (Mar. 7, 2019) available
`at https://www.migrationpolicy.org/article/
`protection-and-reintegration-mexico-
`reforms-migration-agenda. ............................. 4, 5
`Tom K. Wong, Greisa Martinez Rosas, Adam
`Luna, Henry Manning, Adrian Reyna,
`Patrick O’Shea, Tom Jawetz, and Philip
`E. Wolgin, DACA Recipients’ Economic
`and Educational Gains Continue to Grow,
`CTR. FOR AMER. PROGRESS,
`(Aug. 28, 2017, 9:01 AM) available at
`https://www.americanprogress.org/
`issues/immigration/news/2017/08/28/
`437956/daca-recipients-economic-
`educational-gains-continue-grow / .......... 9, 11, 12
`Tom K. Wong, Sanaa Abrar, Claudia Flores,
`Tom Jawetz, Ignacia Rodriguez Kmec,
`Greisa Martinez Rosas, Holly Straut-
`Eppsteiner, and Philip E. Wolgin,
`DACA Recipients’ Livelihoods, Families,
`and Sense of Security Are at Stake This
`November, CTR. FOR AMER. PROGRESS
`(Sept. 19, 2019, 5:00 AM) available at
`https://www.americanprogress.org/issues/
`immigration/news/2019/09/19/474636/
`daca-recipients-livelihoods-families-sense-
`security-stake-november/ .................................. 22
`U.S. Dep’t of Educ.,
`RESOURCE GUIDE: SUPPORTING
`
`
`
`
`
`xv
`
`TABLE OF AUTHORITIES—Continued
`
`Page
`
`UNDOCUMENTED YOUTH
`(Oct. 20, 2015) ...................................................... 7
`U.S.-Mexico Higher Education Engagement:
`Current Activities, Future Directions,
`CIGE INSIGHTS: AMERICAN COUNCIL ON
`EDUCATION, 5 (2017) available at https://
`www.acenet.edu/Documents/US-Mexico-
`Higher-Education-Engagement.pdf) ................ 21
`
`
`
`
`
`
`
`
`1
`
`
`INTEREST OF AMICUS CURIAE1
`The Government of the United Mexican States
`(“Mexico”) has a vital interest in the treatment of its
`nationals by other countries and is entitled to protect
`their rights in foreign states within the limits of
`international law and under the Vienna Convention
`on Consular Relations (“VCCR”), to which both Mexico
`and the United States are signatories. VCCR, art. 5,
`Apr. 24, 1963, 21 U.S.T. 77, 596 U.N.T.S. 261.
`Mexico acknowledges the sovereign right of the
`United States to decide on the public policies that
`should apply in its territory. However, Mexico is
`gravely concerned that, as the lower courts have ruled
`in these cases, the decision to rescind the DACA
`program was “arbitrary and capricious,”2 as it did
`not take into account the well-being and contributions
`of DACA recipients and their families to the U.S.
`Mexico is equally concerned that if DACA is ultimately
`rescinded, the resources of Mexico’s consular network
`in the U.S. will be strained due to the projected
`increased demand for consular services. At 80 percent,
`
`1 It is hereby certified that counsel for the parties have consented
`to the filing of this brief; that no counsel for a party authored
`this brief in whole or in part; and that no person other than this
`amicus curiae, their members, or their counsel made a monetary
`contribution to its preparation.
`2 See Regents of the University of California v. U.S. Dep’t of
`Homeland Sec., No. 18-15068 (9th Cir. 2018), cert granted, No.
`18-589 (docketed Nov. 5, 2019); Casa de Maryland v. U.S. Dep’t
`of Homeland Sec., No. 18-1521 (4th Cir. 2019) cert granted, No.
`18-589 (docketed Nov. 5, 2019).
`
`
`
`
`
`2
`
`Mexico has the largest population of active DACA
`recipients.3 In that regard, Mexico respectfully asserts
`its legitimate, substantial and compelling interest to
`protect the rights of its citizens. Mexican nationals
`have relied upon the commitments made by the U.S.
`government in relationship to DACA for work and
`travel authorization, and relief from deportation. DACA
`recipients would be forced to return to the shadows
`and subjected to increased vulnerability as a result of
`the termination of a program that allows them to
`live, work, contribute and thrive in a country they have
`known since their young age.
`This Court has routinely considered the interests
`of foreign governments as amici curiae to protect the
`rights of their citizens. E.g., Morrison v. Nat’l Austl.
`Bank, 561 U.S. 247, 267–271 (2010); Medellin v. Texas,
`552 U.S. 491 (2008), and has reaffirmed that “[o]ne of
`the most important and delicate of all international
`relationships . . . has to do with the protection of the
`just rights of a country’s own nationals when those
`nationals are in another country.” Arizona v. United
`States, 567 U.S. 387, 395 (2012) citing Hines v.
`Davidowitz, 312 U.S. 52, 64 (1941).
`The economic, cultural and political ties between
`Mexico and the United States are deeply rooted in
`
`3 See United States Citizenship and Immigration Services,
`Data Set: Form I-821D Deferred Action for Childhood Arrivals
`(June 30, 2019) https://www.uscis.gov/sites/default/files/USCIS/
`Resources/Reports%20and%20Studies/Immigration%20Forms%
`20Data/Static_files/DACA_Population_Receipts_since_Injunction_
`Jun_30_2019.pdf (last visited Sept. 25, 2019) (Approximate Active
`DACA Recipients chart reflects that as of June 30, 2019, those with
`an approved DACA application, 529,760 of the total 660,880
`DACA recipients are nationals of Mexico)
`
`
`
`
`
`3
`
`the proximity of the two nations and the sharing of a
`common border. Immigration is a priority for both
`countries, but it is by no means the only critical foreign
`policy concern. The roots of cooperation between Mexico
`and the United States run deep, and manifest in
`multiple areas including economic trade, tourism,
`law enforcement and security, use of natural res-
`ources, emergency management, and global and regio-
`nal issues.4 This productive relationship between
`Mexico and the U.S. has flourished throughout many
`decades and has covered matters of national and inter-
`national interests, including treatment of nationals
`residing in each other’s respective countries.5
`In that regard, the fate of the DACA program is
`no exception. DACA has had a wide range of positive
`direct impacts, not only for its recipients and their
`families, but it has also benefited the U.S. economy
`and society, which in turn strengthens the economic,
`educational, security, and cultural ties between our
`two countries. Allowing DACA to continue will serve
`our mutual national interests.6
`
`4 U.S. Dep’t of State, U.S. Relations with Mexico (Apr. 1, 2019)
`https://www.state.gov/u-s-relations-with-mexico/.
`5 See e.g., UN General Assembly, International Covenant on Civil
`and Political Rights, Dec. 16, 1966, 999 U.N.T.S. 171 (ratified
`by the United States on 8 June 1992 with entry into force 8 Sep-
`tember 1992); see also North American Free Trade Agreement,
`Can.–Mex.–U.S., Dec. 17, 1992, 32 I.L.M. 289.
`6 Nicole Prchal Svajlenka, What We Know About DACA
`Recipients in the United States, CTR. FOR AMER. PROGRESS (Sept. 5,
`2019, 9:00 AM) available at https://www.americanprogress.org/
`issues/immigration/news/2019/09/05/474177/know-daca-recipients-
`united-states/ (discussing the positive impact the social and eco-
`nomic contributions of DACA recipients on their own lives as well
`
`
`
`
`
`4
`
`The Government of Mexico has submitted a prior
`amicus curiae in the consolidated case of McAleenan v.
`Batalla Vidal, No. 18-589.7
`
`
`
`ARGUMENT
`I. PROTECTION OF DACA RECIPIENTS’ WELL-BEING
`IS AN INTEGRAL PART OF MEXICO’S FOREIGN POLICY
`The protection of the rights of Mexican nationals
`abroad has been one of the core principles of Mexico’s
`foreign policy and an essential part of the work its
`consulates perform. That is reflected in the largest
`consular network any country has in the U.S., with
`50 consulates located across the continental U.S. and
`its territories.8 As a result, Mexico is committed to a
`focused policy, which includes the interests of
`Mexican nationals living in the United States and,
`indeed, the well-being of DACA recipients, of which
`an approximate 80% were born in Mexico.9 In fact,
`
`as the country).
`7 McAleenan v. Batalla Vidal, No. 18-589 (consolidated with 18-587,
`18-588) (docketed Nov. 5, 2019).
`8 Rodrigo Dominguez-Villegas, Protection and Reintegration:
`Mexico Reforms Migration Agenda in an Increasingly Complex
`Era, MIGRATION POLICY INSTITUTE (Mar. 7, 2019) available at
`https://www.migrationpolicy.org/article/protection-and-
`reintegration-mexico-reforms-migration-agenda.
`9 See U.S. CITIZENSHIP AND IMMIGRATION SERVICES, Data Set:
`Form I-821D Deferred Action for Childhood Arrivals (June 30,
`2019) https://www.uscis.gov/sites/default/files/USCIS/Resources/
`Reports%20and%20Studies/Immigration%20Forms%20Data/
`
`
`
`
`
`5
`
`the current President of Mexico has called on Mex-
`ican consulates to strengthen their efforts by referring
`to the consulates as “migrant legal defense agencies”
`(procuradurias de defensa para los migrantes).10 It is
`the position of the Mexican government that DACA
`recipients embody bicultural, bilingual and bina-
`tional values our countries share. Mexico continued
`protection of DACA beneficiaries will elevate the
`mutual understanding between our countries and
`benefit our shared economic prosperity.
`To this end, Mexico’s government has supported
`DACA beneficiaries and Mexican nationals living in
`the United States by holding clinics, providing funding
`and access to competent legal counsel in connection
`to the application process under DACA.11 Since the
`program’s inception Mexico has held 17,978 informative
`workshops and benefited 1,035,890 people.12 Among the
`attendees of workshops, the consular network has
`identified 28,526 cases meriting consular protection,
`for which the consulates have assisted in obtaining
`the necessary documents and, in some cases, providing
`
`Static_files/DACA_Population_Receipts_since_Injunction_Jun_
`30_2019.pdf) (last visited Sept. 25, 2019) (providing statistics
`indicating approximately 80% of DACA recipients are nationals
`of Mexico).
`10 Dominguez-Villegas, supra note 8.
`11 See Press Release, Embassy of Mexico in the United States,
`Impact of the DACA Rescission Among the Mexican Community
`in the United States of America (Sept. 27, 2019) available at
`https://embamex.sre.gob.mx/eua/index.php/en/press-releases/61-
`press-releases-2019 (describing Mexico’s allocation of “significant
`financial and human resources in helping Dreamers”).
`12 Id.
`
`
`
`
`
`6
`
`economic assistance to apply for DACA.13 From June
`2012 to August 2019, the Government of Mexico has
`invested $2.175 million dollars for Mexican DACA
`recipients.14
`When the cancellation of the program was announ-
`ced in 2017, the Government of Mexico increased its
`consular services and reinforced its commitment to
`provide information and assistance to DACA recipi-
`ents. Additionally, the Government of Mexico displayed
`important diplomatic efforts to convey to members of
`Congress the value and contributions of Mexican
`DACA beneficiaries to the U.S., stressing the impor-
`tance of a permanent solution that provides legal
`certainty.15 The interest of the Government of Mexico
`in providing this assistance is to better protect the
`rights of a young population whose nationality is
`Mexican, but who were raised and live in the U.S.16
`Mexico has invested in supporting the continued
`
`13 Id.
`14 Id.
`15 See Secretaría de Relaciones Exteriores, El Gobierno de México
`Lamenta Profundamente la Cancelación del Programa de Acción
`Diferida para los Llegados en la Infancia (DACA), GOBIERNO DE
`MÉXICO (Sept. 5, 2017) available at https://www.gob.mx/sre/prensa/
`el-gobierno-de-mexico-lamenta-profundamente-la-cancelacion-del-
`programa-de-accion-diferida-para-los-llegados-en-la-infancia-daca.
`(stating Mexico’s continued support for the DACA program and
`recognizing the positive social, economic, and cultural impact of
`Dreamers).
`16 Ann M. Simmons, the End of DACA Would Be ‘A Big Win for
`Mexico,’ Foreign Secretary Says, L.A. TIMES (Sept. 14, 2017, 11:15
`AM) available at https://www.latimes.com/world/mexico-americas/
`la-fg-global-mexico-foreign-secy-qa-20170909-story.html.
`
`
`
`
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`7
`
`positive and impactful contributions that this same
`group makes to the U.S. economy, education and
`culture.
`II. BENEFICIARIES OF THE DEFERRED ACTION FOR
`CHILDHOOD ARRIVALS PROGRAM CONTRIBUTE
`SIGNIFICANTLY TO THE U.S. ECONOMY
`Individuals eligible under the DACA program are
`temporarily allowed to stay in the United States and
`receive employment authorization for a period com-
`mensurate with their DACA grant, which is typically
`two years. It should be noted that DACA does not
`permanently protect a beneficiary from the possibility
`of removal. Rather, as a matter of prosecutorial dis-
`cretion, it merely temporarily defers deportation for
`any DACA recipient who has been vetted by the gov-
`ernment and met its strict requirements.17 As a
`direct consequence of the DACA program and the gov-
`ernment’s pointed efforts,18 recipients are thoroughly
`vetted and documented. The process effectively
`
`17 See 2 J.A., Dep’t of Homeland Security v. Regents of the U.
`of Cal., Nos. 18-587, 18-588, and 18-589 at 594–596 (detailing
`the inspection process for the government before an individual
`may become a DACA recipient); See also Memorandum from
`Sec’y of Homeland Sec., Janet Napolitano to Acting Commis-
`sioner, U.S. Customs and Border Protection, David V. Aguilar,
`Director of U.S. Citizenship and Immigration Services, and
`Director of U.S. Immigration and Customs Enforcement, John
`Morton (June 15, 2012) (establishing the eligibility criteria and
`discretionary guidelines for DACA).
`18 See, e.g., U.S. Dep’t of Educ., RESOURCE GUIDE: SUPPORTING
`UNDOCUMENTED YOUTH (Oct. 20, 2015) (“[DACA] allows youth
`who were brought to the United States as children and who meet
`certain criteria to requires consideration for deferred action, which
`constitutes a case-by-case determination by DHS.”).
`
`
`
`
`
`8
`
`brought DACA recipients out of the shadows of the
`U.S. society, allowing them to fully participate and
`contribute to the country’s communities, educational
`system and the economy.19
`Under the DACA program, nearly 800,000 eligible
`individuals have applied for and been granted work
`authorization since the program was announced in
`2012.20 From those, currently 660,880 youth have an
`active DACA status.21 An estimated 55% of DACA
`recipients are currently employed.22 As a result of the
`ability of DACA recipients to work with authorization
`in the United States, the beneficiaries have been able
`
`
`19 See Patrick Oakford, Administrative Action on Immigration
`Reform, The Fiscal Benefits of Temporary Work Permits, CTR.
`FOR AMER. PROGRESS at 6 (2014) available at https://ampr.gs/
`1vw27HZ (exploring the fiscal benefits of allowing “low-priority
`individuals” to contribute to the economy through educational
`and professional opportunity).
`20 Nicole Prchal Svajlenka, What We Know About DACA
`Recipients in the United States, CTR. FOR AMER. PROGRESS
`(Sept. 5, 2019, 9:00 AM), https://www.americanprogress.org/
`issues/immigration/news/2019/09/05/474177/know-daca-recipients-
`united-states/.
`21 United States Citizenship and Immigration Services, Data
`Set: Form I-821D Deferred Action for Childhood Arrivals (June
`30, 2019) available at https://www.uscis.gov/sites/default/files/
`USCIS/Resources/Reports%20and%20Studies/Immigration%20
`Forms%20Data/Static_files/DACA_Population_Receipts_since_
`Injunction_Jun_30_2019.pdf. (last visited Sept. 25, 2019)
`22 Jie Zong, Ariel G. Ruiz Soto, Jeanne Batalova, Julia Gelatt,
`Randy Capps, A Profile of Current DACA Recipients by Educa-
`tion, Industry, and Occupation, MIGRATION POLICY INSTITUTE, Nov.
`2017, https://www.migrationpolicy.org/research/profile-current-daca-
`recipients-education-industry-and-occupation.
`
`
`
`
`
`9
`
`to make positive and significant contributions to the
`U.S. economy through the ability to earn wages and
`pay taxes.23 DACA recipients pay state and local
`taxes, are able to purchase homes, cars, and be
`employed in some of the most successful businesses
`in the United States. DACA recipient, Ovier Alvarez
`explained that after he was able to receive DACA,
`acquire a social security number, obtain a driver’s
`license, and open a bank account he started a sole
`proprietorship as a professional photographer.24 “Now
`I’m able to do business and pay business taxes to the
`state.” DACA recipients are entrepreneurs and create
`businesses that employ U.S. citizens.25 Combined,
`97% of DACA recipients are currently employed or
`attending high school or higher levels of education.26
`It is estimated that DACA recipients make major
`financial contributions to the U.S. economy via payment
`of $5.7 billion in federal taxes and $3.1 billion in
`state and local taxes annually. Additionally, DACA
`recipients pay into Social Security and Medicare
`through payroll taxes. These young immigrants and
`
`
`23 Svajlenka, supra note 20.
`24 New Economy America, California Student Uses
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