`
`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.
`_________________________________
`
`ON WRIT OF CERTIORARI TO THE UNITED STATES
`COURT OF APPEALS FOR THE NINTH CIRCUIT
`
`_________________________________
`
` [Caption Continued on Following Page]
`
`_________________________________
`BRIEF FOR THE AMERICAN PROFESSIONAL
`SOCIETY ON THE ABUSE OF CHILDREN,
`THE AMERICAN ACADEMY OF PEDIATRICS,
`THE CENTER FOR LAW AND SOCIAL
`POLICY, AND 33 CHILD ADVOCACY
`ORGANIZATIONS, MEDICAL
`PROFESSIONALS, AND CHILD
`DEVELOPMENT EXPERTS AS AMICI CURIAE
`IN SUPPORT OF RESPONDENTS
`_________________________________
`
`Mary Kelly Persyn
`Kelsi Brown Corkran
`Melanie R. Hallums
`Counsel of Record
`PERSYN LAW & POLICY
`ORRICK, HERRINGTON
`912 Cole Street
`& SUTCLIFFE LLP
`San Francisco, CA 94117
`1152 15th Street, N.W.
`(628) 400-1254
`Washington, DC 20005
`marykelly@persynlaw.com
`(202) 339-8400
`Counsel for Amici Curiae
`
`
`
`_________________________________
`
`DONALD J. TRUMP, PRESIDENT OF THE
`UNITED STATES, ET AL.,
`
`
`
`Petitioners,
`
`v.
`NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF
`COLORED PEOPLE, ET AL.,
`
`
`_________________________________
`
`Respondents.
`
`ON WRIT OF CERTIORARI TO THE UNITED STATES
`COURT OF APPEALS FOR THE D.C. CIRCUIT
`
`_________________________________
`
`KEVIN K. MCALEENAN, ACTING SECRETARY OF
`HOMELAND SECURITY, ET AL.,
`Petitioners,
`
`
`
`v.
`MARTIN JONATHAN BATALLA VIDAL, ET AL.,
`
`
`Respondents.
`_________________________________
`
`ON WRIT OF CERTIORARI TO THE UNITED STATES
`COURT OF APPEALS FOR THE SECOND CIRCUIT
`
`_________________________________
`
`
`
`
`
`i
`
`TABLE OF CONTENTS
`
`Page
`TABLE OF AUTHORITIES .................................... iii
`INTRODUCTION AND INTEREST OF
`AMICI CURIAE .................................................. 1
`SUMMARY OF ARGUMENT ................................. 12
`ARGUMENT ........................................................... 15
`I. Rescinding DACA Places Children At Risk
`Of Immediate Harm. ........................................ 15
`II. Ending DACA Protection Will Likely
`Damage Children’s Mental And Physical
`Health. .............................................................. 19
`A. Even the threat of detention and
`deportation can cause children to
`suffer symptoms of traumatic stress
`and post-traumatic stress disorder and
`impacts birth outcomes. .............................. 19
`B. DACA rescission will likely cause
`income and food insecurity. ........................ 24
`C. DACA rescission threatens to cut off
`access to reliable health care. ..................... 25
`D. DACA rescission puts children at risk
`of parental separation and reduced
`access to educational opportunities. ........... 29
`E. DACA rescission puts children at risk
`of traumatic stress, causing immediate
`and long-term damage. ............................... 32
`
`
`
`ii
`
`F. DACA protection benefits children’s
`health. .......................................................... 34
`III. It Is In Society’s Interest To Protect
`Children From Harm. ...................................... 36
`CONCLUSION ........................................................ 39
`
`
`
`
`iii
`
`TABLE OF AUTHORITIES
`
` Page(s)
`
`Cases
`
`Brown v. Board of Educ. of Topeka,
`Shawnee Cty., Kan.,
`347 U.S. 483 (1954) .............................................. 36
`Brown v. Entm’t Merchants Ass’n,
`564 U.S. 786 (2011) .............................................. 36
`Ginsberg v. New York,
`390 U.S. 629 (1968) .............................................. 36
`Moore v. East Cleveland,
`431 U.S. 494 (1977) .............................................. 37
`Prince v. Massachusetts,
`321 U.S. 158 (1944) .............................................. 36
`
`Regents of the Univ. of Cal. v. U.S. Dep’t
`of Homeland Sec.,
`279 F. Supp. 3d 1011 (N.D. Cal. 2018) ................ 13
`
`Other Authorities
`164 Cong. Rec. S1731 (daily ed. Mar.
`14, 2018) (statement of Sen. Wyden) .................. 38
`Am. Academy of Pediatrics, AAP
`Statement on Protecting Immigrant
`Children (Jan. 25, 2017),
`https://tinyurl.com/y526he2n .............................. 33
`
`
`
`iv
`
`Jeff Amy & Rogelio V. Solis,
`Immigration raids to have long-term
`effects on poultry towns, Journal
`Gazette (Aug. 9, 2019),
`https://tinyurl.com/yx9x4gjl ................................. 30
`Carlos Ballesteros, She’s a DACA
`recipient. ICE agents still arrested
`her. Then they went after her
`parents, Chicago Sun Times (May 21,
`2019), https://tinyurl.com/y2x3x7cd .................... 16
`Edward R. Berchick et al., Health
`Insurance Coverage in the United
`States: 2018,
`U.S. Census Bureau (Sept. 2019),
`https://tinyurl.com/y53cpsvt ................................ 27
`Hamutal Bernstein et al., One in Seven
`Adults in Immigrant Families
`Reported Avoiding Public Benefit
`Programs in 2018, Urban Inst. (May
`2019), https://tinyurl.com/y2fhwgg3 ................... 26
`Sharon H. Bzostek & Audry N. Beck,
`Familial instability and young
`children’s physical health, 73 Soc.
`Sci. & Med. 282 (July 2011) ................................ 22
`Lauren Camera, ICE Raids Send
`Schools Scrambling, U.S. News &
`World Report (Aug. 8, 2019),
`https://tinyurl.com/yymuf33f ......................... 18, 30
`
`
`
`v
`
`Guillermo Cantor et al., Changing
`Patterns of Interior Immigration Enf’t
`in the United States, 2016-2018, Am.
`Immigration Council (July 1, 2019),
`https://tinyurl.com/y6ccpqwk ........................ 17, 18
`Randy Capps et al., Implications of
`Immigration Enf’t Activities for the
`Well-Being of Children in Immigrant
`Families: A Review of the Literature,
`Migration Policy Inst. (Sept. 2015),
`https://tinyurl.com/ybm62mqa ............................ 20
`Andrea Castillo, Immigrant arrested by
`ICE after dropping daughter off at
`school, sending shockwaves through
`neighborhood, L.A. Times (Mar. 3,
`2017), https://tinyurl.com/j26wswx ..................... 31
`Center on the Developing Child at
`Harvard University, InBrief: The
`Impact of Early Adversity on
`Children’s Development,
`https://tinyurl.com/yyjxt72b ................................ 33
`Center on the Developing Child at Harvard
`University, InBrief: The Science of Early
`Childhood Development,
`https://tinyurl.com/y6n3g894 .............................. 33
`Centers for Disease Control & Prevention,
`Adverse Childhood Experiences,
`https://tinyurl.com/y8fc6qok ................................ 32
`
`
`
`vi
`
`Wendy Cervantes et al., Our Children’s
`Fear: Immigration Policy’s Effects on
`Young Children, CLASP (Mar.
`2018), https://tinyurl.com/yas57ql2 ..................... 21
`Ajay Chaudry et al., Facing Our Future:
`Children in the Aftermath of
`Immigration Enf’t, Urban Inst. (Feb.
`2010), https://tinyurl.com/y2vv8aro ........ 20, 31, 32
`The Children’s P’ship, California
`Children in Immigrant Families:
`The Health Provider Perspective
`(2018), https://tinyurl.com/y2rdf4fp .................... 27
`Isha Marina Di Bartolo, Immigration,
`DACA, and Health Care, 21 AMA J.
`of Ethics 1 (Jan. 2019),
`https://tinyurl.com/y394f85p ............................... 28
`Caitlin Dickerson & Zolan Kanno-
`Youngs, Thousands Are Targeted as
`ICE Prepares to Raid Undocumented
`Migrant Families, N.Y. Times
` (July 11, 2019),
`https://tinyurl.com/y5nggr9p ............................... 18
`Exec. Order No. 13768, Enhancing
`Public Safety in the Interior of the
`United States, 82 Fed. Reg. 8799
`(Jan. 30, 2017) ...................................................... 17
`Maureen Hack et al., Long-Term
`Developmental Outcomes of Low
`Birth Weight Infants, 5 The Future
`of Children 176 (1995) ......................................... 23
`
`
`
`vii
`
`Jens Hainmueller et al., Protecting
`unauthorized immigrant mothers
`improves their children’s mental
`health, 357 Science 1041 (2017),
`https://tinyurl.com/y46cf7be .............. 13, 14, 35, 36
`Julie L. Hudson & Asako S. Moriya,
`Medicaid Expansion For Adults Had
`Measurable ‘Welcome Mat’ Effects
`On their Children, 36 Health Affairs
`1643 (Sept. 2017) ................................................. 28
`Kaiser Family Found., Key Facts on
`Individuals Eligible for the Deferred
`Action for Childhood Arrivals
`(DACA) Program (Feb. 2018),
`https://tinyurl.com/yxtnmxwr ....................... 25, 26
`Michael Karpman & Genevieve M. Kenney,
`Health Ins. Coverage for Children and
`Parents: Changes Between 2013 and
`2017, Urban Inst. (Sept. 7, 2017),
`https://tinyurl.com/yy2xn87s ............................... 28
`Gary Klein, Marin man arrested in ICE
`bust while dropping off child at
`school, Marin Indep. J. (Mar. 15,
`2018), https://tinyurl.com/y38xje2n .................... 31
`Nancy Krieger et al., Severe
`sociopolitical stressors and preterm
`births in New York City: 1 September
`2015 to 31 August 2017, 72 J.
`Epidemiology & Cmty. Health 1147
`(2018), https://tinyurl.com/y5gv7mxk ................. 23
`
`
`
`viii
`
`Julie M. Linton et al., Providing Care
`for Children in Immigrant Families,
`144 Pediatrics 1 (Sept. 2019),
`https://tinyurl.com/y6ghwfkr ................... 15, 26, 35
`John Minchillo & Elliot Spagat,
`Immigration agents arrest 114 at
`Ohio landscaper, AP (June 5, 2018),
`https://tinyurl.com/y5pwduhb ....................... 19, 30
`Nat’l Acad. of Scis., Eng’g, & Med., A
`Roadmap to Reducing Child Poverty
`20 (Greg Duncan & Suzanne Le Me-
`nestrel eds.), Nat’l Acads. Press
`2019, https://tinyurl.com/yyvwcu9z .................... 24
`Nat’l Child Traumatic Stress Network,
`Children with Traumatic
`Separation: Information for
`Professionals (2016),
`https://tinyurl.com/y2k2sqg7 ............................... 29
`Nat’l Research Council & Inst. of Med.,
`From Neurons to Neighborhoods:
`The Science of Early Childhood Dev.
`(Jack P. Shonkoff & Deborah A.
`Phillips eds., Nat’l Acad. Press 2000) ................. 23
`Nat’l Sci. Council on the Developing
`Child, Persistent Fear and Anxiety
`Can Affect Young Children’s
`Learning and Dev. (Feb. 2010),
`https://tinyurl.com/y2lw82qa ............................... 22
`
`
`
`ix
`
`Nat’l Sci. Council on the Developing
`Child, The Science of Early
`Childhood Dev.: Closing the Gap
`Between What We Know and What
`We Do (Jan. 2007),
`https://tinyurl.com/y3x43yvr ............................... 22
`Nicole L. Novak et al., Change in birth
`outcomes among infants born to
`Latina mothers after a major
`immigration raid, 46 Int’l J.
`Epidemiology 839 (2017),
`https://tinyurl.com/y5ehbjs7 .......................... 14, 23
`Caitlin Patler & Whitney Laster Pirtle,
`From undocumented to lawfully
`present: Do changes to legal status
`impact psychological wellbeing
`among latino immigrant young
`adults?, 199 Soc. Sci. & Med. 39
`(2017), https://tinyurl.com/y6f85wdm ................. 34
`Caroline Ratcliffe & Signe-Mary
`McKernan, Child Poverty and Its
`Lasting Consequence, Urban Inst. (Sept.
`2012), https://tinyurl.com/y254aa6x ................... 24
`Nicole Rodriguez, Trump Admin. Has Illegally
`Attempted to Deport DACA Recipients,
`Advocates Say, Newsweek (Dec. 2, 2017),
`https://tinyurl.com/y69w92ya .............................. 17
`
`
`
`x
`
`Vanessa Romo, Trump Admin. Moves To
`Speed Up Deportations With Expedited
`Removal Expansion, NPR (July 22,
`2019), https://tinyurl.com/y4lrblfm ..................... 18
`Rebecka Rosenquist, The ‘Warming Ef-
`fect’ of DACA on American Children,
`Penn LDI, Leonard Davis Inst. of
`Health Econ. (June 4, 2018),
`https://tinyurl.com/yys7sbj7 ................................ 36
`Sara Satinsky et al., Family Unity,
`Family Health: How Family-Focused
`Immigration Reform Will Mean
`Better Health for Children and
`Families (2013),
`https://tinyurl.com/y437qu3s ............. 21, 25, 30, 31
`Alan Shapiro, Immigration: deporting
`parents negatively affects kids’
`health, The Hill (May 13, 2016),
`https://tinyurl.com/y5np9s83 ............................... 33
`Jack P. Shonkoff & Andrew S. Garner
`et al., The Lifelong Effects of Early
`Childhood Adversity and Toxic
`Stress, 129 Pediatrics e232 (Jan.
`2012), https://tinyurl.com/y38kyr9y .............. 21, 22
`Nicole Prchal Svajlenka, What We Know
`About DACA Recipients in the United
`States, Ctr. for Am. Progress (Sept. 5,
`2019), https://tinyurl.com/y4xc6sf4 ..................... 15
`
`
`
`xi
`
`Reis Thebault, How a flight attendant
`from Texas ended up in an ICE
`detention center for six weeks,
`Washington Post (Mar. 23, 2019),
`https://tinyurl.com/yxar27pu ............................... 16
`U.S. Dep’t of Health and Human Servs.,
`Reasonable Efforts to Preserve or
`Reunify Families and Achieve
`Permanency for Children (Mar.
`2016), https://tinyurl.com/y4xgdygj ..................... 37
`U.S. Dep’t of Homeland Security,
`Frequently Asked Questions:
`Rescission of Deferred Action for
`Childhood Arrivals (DACA),
`https://tinyurl.com/y9ptpepg (last
`visited Oct. 2, 2019) ............................................. 16
`U.S. Imm. & Customs Enf’t,
`FAQ on Sensitive Locations and
`Courthouse Arrests,
`https://tinyurl.com/y9ul6mfo (last
`visited Oct. 2, 2019) ............................................. 31
`United Nations, What is the difference
`between signing, ratification and
`accession of UN treaties?,
`https://tinyurl.com/y3j2c84l ................................. 38
`
`
`
`xii
`
`Atheendar S. Venkataramani et al.,
`Health consequences of the US De-
`ferred Action for Childhood Arrivals
`(DACA) immigration programme: a
`quasi-experimental study, 2 Lancet
`Public Health e175 (Apr. 2017),
`https://tinyurl.com/yyj5nhgk ............................... 35
`Maya Venkataramani et al., Spillover
`Effects of Adult Medicaid Expan-
`sions on Children’s Use of Preventive
`Services, 140 Pediatrics 1 (Dec.
`2017), https://tinyurl.com/yxwv5v2x ................... 29
`Amy B. Wang, US immigration
`authorities arrest chemistry
`professor after he finishes getting his
`children ready for school, The
`Independent (Feb. 5, 2018),
`https://tinyurl.com/y38dzfeu ................................ 31
`Hirokazu Yoshikawa, Immigrants
`Raising Citizens: Undocumented
`Parents and Their Young Children
`(Russell Sage Found. 2011) ................................. 25
`Leah Zallman et al., Implications of
`Changing Public Charge
`Immigration Rules for Children Who
`Need Medical Care, 173 JAMA
`Pediatrics E4 (July 1, 2019) ................................ 28
`
`
`
`xiii
`
`Lisa Zamosky, Health care options for
`undocumented immigrants, L.A.
`Times (Apr. 27, 2014), https://ti-
`nyurl.com/huvcplj ................................................ 27
`Luis H. Zayas & Laurie Cook Heffron,
`Disrupting young lives: How
`detention and deportation affect US-
`born children of immigrants, Am.
`Psych. Ass’n (Nov. 2016),
`https://tinyurl.com/l6ro2ql ..... 14, 19, 20, 21, 24, 26
`
`
`
`
`
`
`1
`
`INTRODUCTION AND
`INTEREST OF AMICI CURIAE1
`The government’s decision to end the Deferred Ac-
`tion for Childhood Arrivals (DACA) policy has endan-
`gered the mental and physical health of hundreds of
`thousands of children—mostly U.S. citizens—whose
`parents are DACA recipients. As organizations dedi-
`cated to supporting children and promoting their
`well-being, amici are deeply concerned about the im-
`mediate and long-term effects of ending the DACA
`policy on this population. Since the Trump Admin-
`istration announced the rescission of DACA, children
`of DACA recipients live with the fear that their par-
`ents will be taken away, and that fear negatively im-
`pacts all aspects of their lives, including their health,
`education, and overall family stability.
`The American Professional Society on the Abuse
`of Children (APSAC) is the leading national organiza-
`tion for professionals serving children and families af-
`fected by child maltreatment. A multidisciplinary
`group, APSAC achieves its mission through expert
`training and educational activities, policy leadership
`and collaboration, and consultation emphasizing the-
`oretically sound, evidence-based principles. For 30
`years, APSAC has played a central role in developing
`guidelines that address child maltreatment. It is
`qualified to inform the Court about the damage that
`
`1 The parties have consented to the filing of this amicus
`brief. No counsel for a party authored the brief in whole or in
`part. No party, counsel for a party, or any person other than
`amici and their counsel made a monetary contribution intended
`to fund the preparation or submission of the brief.
`
`
`
`2
`
`maltreatment can inflict on children’s brain develop-
`ment and cognitive ability. APSAC submits this brief
`to assist the Court in understanding the impact of pa-
`rental detention and deportation on children’s physi-
`cal, emotional, and mental development.
`The American Academy of Pediatrics (AAP) is a
`non-profit professional membership organization of
`67,000 primary care pediatricians and pediatric med-
`ical subspecialists, and pediatric surgical specialists
`dedicated to the health and well-being of infants, chil-
`dren, adolescents, and young adults. AAP believes
`that the future prosperity and well-being of the
`United States depends on the health and vitality of
`all of its children, without exception. Pediatricians
`have seen the negative effects that family separation
`and the threat of deportation have on child health. As
`such, AAP is uniquely positioned to understand the
`impact of the rescission of the DACA policy on the
`health of children.
`The Center for Law and Social Policy (CLASP) is
`a national, nonpartisan anti-poverty nonprofit organ-
`ization advancing policy solutions for low-income peo-
`ple in the United States. CLASP develops practical
`yet visionary strategies for reducing poverty, promot-
`ing economic opportunity, and addressing barriers
`faced by people of color. CLASP has expertise in early
`care and education, early childhood development,
`child welfare, mental health, and immigration policy.
`CLASP recognizes the important role DACA has
`played in strengthening families and communities,
`and we are deeply concerned with the harmful impact
`that rescinding DACA will have on thousands of
`
`
`
`3
`
`young children with DACA parents, including possi-
`ble separation from parents, weakened economic se-
`curity, and poor developmental outcomes. CLASP
`strongly urges the Court to consider the long-term im-
`plications for children’s health and well-being and up-
`hold DACA protections.
`The Academy on Violence and Abuse is a national
`organization of health care professionals whose mis-
`sion is to advance health education and research on
`the recognition, treatment, and prevention of the
`health effects of violence and abuse across the
`lifespan.
`Advocates for Children of New Jersey (ACNJ) is
`the independent, trusted voice for children in New
`Jersey, including the estimated 16,830 DACA recipi-
`ents brought to New Jersey as young children, and
`their 5,200 U.S. born children.
`The American Academy of Child and Adolescent
`Psychiatry (AACAP) is the leading national medical
`association dedicated to treating and improving the
`quality of life for the estimated 7-15 million American
`youth under 18 years of age who are affected by emo-
`tional, behavioral, developmental and mental disor-
`ders.
`The American Academy of Pediatrics, California
`is a nonprofit association committed to promoting and
`protecting the health and well-being of children in
`California, including more than 188,000 DACA recip-
`ients and more than 72,600 US-born children with a
`DACA parent in California.
`
`
`
`4
`
`The American Nurses Association (ANA), repre-
`senting the interests of the nation’s approximately 4
`million registered nurses, has unique interest and ex-
`pertise in patient-centered and holistic health care.
`The Arizona Chapter of the American Academy of
`Pediatrics
`(AzAAP), representing approximately
`1,100 Arizona pediatricians and other child health
`specialists, is committed to improving the health and
`wellness of all Arizona children, including 24,700
`DACA recipients and 12,200 US citizen children of
`DACA recipients residing in Arizona.
`Warren Binford is an internationally recognized
`children’s rights scholar, author, and advocate both
`nationally and internationally. Professor Binford has
`served as a licensed foster parent, Court Appointed
`Special Advocate for abused and neglected children,
`and inner city teacher.
`The Center for Youth Wellness is a pediatric
`health care and advocacy organization dedicated to
`improving the health of children and adolescents ex-
`posed to early adversity and toxic stress by advancing
`public awareness of, medical research on, and treat-
`ment practices for Adverse Childhood Experiences, or
`ACEs.
`Dr. Priscilla Chan, Co-Founder and Board Chair
`of The Primary School and co-founder of the Chan
`Zuckerberg Initiative, is a pediatrician and an educa-
`tion entrepreneur who designs and implements inter-
`ventions addressing adverse childhood experiences.
`
`
`
`5
`
`The Child Welfare League of America (CWLA), a
`coalition of hundreds of private and public agencies
`that has worked to serve children and families since
`1920, opposes the repeal of DACA because it will
`harm countless families and children, running coun-
`ter to our practices and standards.
`Children Now is a nonpartisan whole-child re-
`search, policy development, communications, and ad-
`vocacy organization working on all key kids’ issues,
`and is dedicated to promoting children’s health, edu-
`cation and well-being in California.
`Children’s Action Alliance (CAA), an independent
`voice for Arizona children, including the children of
`24,700 DACA recipients living in our state, urges the
`court to uphold the DACA injunction.
`The Children’s Defense Fund is a national non-
`profit child advocacy organization that has worked re-
`lentlessly for more than 40 years to ensure a level
`playing field for all children and champions policies
`that lift children out of poverty, protect them from
`abuse and neglect, and ensure their access to health
`care, quality education, and a moral and spiritual
`foundation.
`Children’s Defense Fund–Texas, working dili-
`gently for more than 20 years to ensure that all the
`children of Texas have a good start in life and a suc-
`cessful passage to adulthood with the help of caring
`families and communities, supports upholding protec-
`tions for DACA recipients and their children (of whom
`there are 46,700 living in Texas).
`
`
`
`6
`
`Children’s Institute, a statewide, non-profit, early
`childhood advocacy and policy organization that sup-
`ports cost-effective investments in health, education,
`and social services for babies and children to eight
`years old, supports Oregon’s 9,910 DACA recipients
`and 5,500 U.S. born children of DACA recipients.
`Colorado Children’s Campaign, the leading voice
`for Colorado’s children, supports ensuring the contin-
`uation of the protection that DACA has provided to
`nearly 15,000 fellow Coloradoans who, on average,
`have lived in our state for over 20 years.
`First Focus on Children, a bipartisan advocacy or-
`ganization dedicated to making children and families
`the priority in federal policy and budget decisions, be-
`lieves the decision to rescind the DACA program con-
`tinues to cause trauma and stress for both DACA
`recipients and their children who rightfully fear their
`parents may be deported in the near future.
`The Florida Chapter of the American Academy of
`Pediatrics (FCAAP) represents more than 2,600 pedi-
`atricians in the State of Florida and is committed to
`promoting the health and welfare of Florida’s chil-
`dren, no matter where they or their parents were
`born. We oppose elimination of DACA protection be-
`cause it would directly and negatively impact the lives
`of 25,500 Florida DACA recipients and would put
`their 7,200 Florida US citizen children in severe jeop-
`ardy.
`Lisa R. Fortuna, MD, MPH, M.Div., is the Direc-
`tor of Child and Adolescent Psychiatry at Boston Med-
`ical Center, Boston University School of Medicine. A
`
`
`
`7
`
`co-founder of the Refugee and Immigrant Assistance
`Center Community Counseling program, she cur-
`rently serves as a member of the American Academy
`of Child and Adolescent Psychiatry Resource Group
`on Youth at the Border and has been a member of the
`Physicians for Human Rights Asylum Network since
`2007.
`For 50 years, Illinois Action for Children has
`championed the cause of high-quality, accessible
`early care and education in Illinois. Ending—or even
`threatening to end—DACA adds uncertainty to the
`lives of 85,000 people in Illinois living in DACA house-
`holds, including 15,200 U.S.-born children, placing
`children’s growth, health, and educational develop-
`ment at risk.
`The Illinois Chapter, American Academy of Pedi-
`atrics (ICAAP), recognizes the approximately 72,600
`U.S. born children of DACA recipients living in Illi-
`nois. ICAAP supports upholding protections for
`DACA recipients and their children, recognizing that
`serious health consequences they currently suffer
`would only worsen if DACA were rescinded.
`March of Dimes is a nonprofit organization that
`leads the fight for the health of all mothers and ba-
`bies. As the leader in ensuring the health of all moms
`and babies, we recognize the irreparable harm to the
`health and well-being of children and families that
`would result from rescinding DACA, and we stand
`firm on keeping moms and babies heathy and safe —
`regardless of their citizenship status.
`
`
`
`8
`
`The National Association of Hispanic Nurses
`(NAHN) is a non-profit professional membership or-
`ganization of 2,500 nurses and affiliated nursing spe-
`cialists dedicated to advancing the health in Hispanic
`communities and to lead, promote and advocate the
`educational, professional, and leadership opportuni-
`ties for Hispanic nurses. As the only national organi-
`zation representing Hispanic nurses who provide
`bilingual and culturally competent care, we are trou-
`bled by the mental and physical health effects that
`ending the policy has on children of DACA recipients.
`NAHN calls for the continuation of the DACA policy.
`The National Association of Social Workers
`(NASW) is the largest association of professional so-
`cial workers in the United States, with over 110,000
`members in 55 chapters that represent regions with
`over 250,000 US-born children of DACA recipients.
`NC Child is a non-profit organization whose mis-
`sion is to build a strong North Carolina by advancing
`policies to ensure that all children — regardless of
`race, ethnicity, or place of birth — have the oppor-
`tunity to thrive. NC Child strongly supports uphold-
`ing protections for DACA recipients and their
`children, including more than 50,000 in North Caro-
`lina.
`New York State American Academy of Pediatrics
`represents more than 5,500 pediatricians across New
`York State. NYSAAP is committed to supporting and
`enhancing the health, safety, and well-being of all in-
`fants, children, adolescents, and young adults in New
`York State, no matter where they or their parents
`were born. We oppose the proposed elimination of
`
`
`
`9
`
`DACA protection, which would directly and nega-
`tively impact the lives of 29,390 New York State
`DACA recipients and would put 6,900 New York US
`citizen children, whose parents are currently DACA
`recipients, in severe jeopardy.
`The Ounce of Prevention is committed to giving
`children in poverty the best chance for success in
`school and in life by advocating for and providing the
`highest quality care and education for children from
`birth to age five, including attention to the compre-
`hensive development and well-being of young chil-
`dren. The harmful effects of the trauma imposed on
`children as a result of separation from their family
`members will have a lasting impact throughout their
`lifetime.
`The Partnership for America’s Children’s mission
`is to support its network of 52 state and community
`child advocacy organizations in 41 states that advo-
`cate to improve policies for children at the state, local
`and federal level. Members have long been leaders in
`efforts to secure access to essential benefits and ser-
`vices for children in immigrant families.
`Jack P. Shonkoff, M.D., is the Julius B. Richmond
`FAMRI Professor of Child Health and Development
`at the Harvard T.H. Chan School of Public Health and
`Harvard Graduate School of Education; Professor of
`Pediatrics at Harvard Medical School and Boston
`Children’s Hospital; and Director of the university-
`wide Center on the Developing Child at Harvard. He
`currently chairs the National Scientific Council on the
`Developing Child, whose mission is to bring credible
`science to bear on public policy affecting children and
`
`
`
`10
`
`families, and The JPB Research Network on Toxic
`Stress, which is developing new measures of stress ef-
`fects and resilience in young children.
`The Society for Research in Child Development
`(SRCD) is a professional research organization estab-
`lished in 1933 by the National Research Council of the
`National Academy of Sciences. SRCD concurs with
`the compelling evidence that termination of DACA
`poses risks to the health and development of children
`whose parents are DACA recipients and other immi-
`grant communities, with negative and long lasting ef-
`fects on future generations of Americans, particularly
`children.
`The Texas Pediatric Society (TPS), the Texas
`Chapter of the American Academy of Pediatrics
`(AAP), represents over 4,200 primary care pediatri-
`cians, pediatric medical subspecialists, surgical spe-
`cialists, and medical students who believe that the
`most important resource of the State of Texas is its
`children, and pledges its efforts to promote their
`health and welfare. TPS has consistently and firmly
`stated that children who are citizens should not be
`subjected to the separation, or fear of separation from
`non-citizen parents or their caregivers.
`The Children’s Partnership (TCP) is a California-
`based children’s advocacy organization committed to
`improving the lives of underserved children where
`they live, learn, and play with breakthrough solutions
`at the intersection of research, policy, and community
`engagement. TCP believes programs like DACA will
`help ensure the healthy development of thousands of
`
`
`
`11
`
`California children and ensure a stronger future for
`the entire state.
`ZERO TO THREE (ZTT) is a national nonprofit,
`nonpartisan organization founded over 40 years ago
`to promote the well-being of all infants and toddlers,
`translating the science of early childhood develop-
`ment for policymakers, practitioners, and parents.
`ZERO TO THREE is concerned that separating young
`adults covered by DACA from the young families they
`have now formed, or increasing the families’ stress
`levels through the fear of separation and deportation,
`will inflict immense trauma on the young children as
`well as their parents.
`Amici submit this brief to assist the Court in its
`review by providing key facts about how DACA status
`and its rescission might impact the children of DACA
`recipients. The rescission of DACA plunges recipients
`into immediate uncertainty and stress. Recipients are
`at risk of immediate detention and deportation when
`their current protection expires. Even the threat of
`separation from their parents can cause children to
`suffer significant physiological stress that threatens
`their mental and physical health and their overall de-
`velopment, not to mention the harm to them caused
`by the actual detention and deportation of their par-
`ents.
`The Executive Branch’s long-standing recognition
`of its legal and moral responsibility to avoid inflicting
`harm on children is nowhere apparent in its arbitrary
`and capricious decision to end DACA. In explaining
`the Department of Homeland Security’s decision to
`rescind DACA, then-Secretary Nielsen stated that
`
`
`
`12
`
`“neither any individual’s reliance on the expected con-
`tinuation of the DACA policy nor the sympathetic cir-
`cumstances of DACA recipients as a class” outweigh
`the reasons to end the policy. Regents Pet. App. 125a.
`Amici disagree.
`The DACA policy was created to protect young
`people brought to this country as children. Rescinding
`the policy will harm not only those whom DACA ini-
`tially sought to help, but also will harm hundreds of
`thousands of their U.S. citizen children by triggering
`short- and long-term health impacts during their crit-
`ically important developmental years. This human
`toll must be considered.
`
`SUMMARY OF ARGUMENT
`The September 2017 Memorandum on Rescission
`of Deferred Act
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