throbber
Nos. 18-587, 18-588, 18-589
`In the Supreme Court of the United States
`__________________
`DEPARTMENT OF HOMELAND SECURITY, et al., Petitioners,
`v.
`REGENTS OF THE UNIVERSITY OF CALIFORNIA, et al.,
`Respondents.
`__________________
`DONALD J. TRUMP, PRESIDENT OF THE UNITED STATES, et
`al., Petitioners,
`v.
`NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF
`COLORED PEOPLE, et al., Respondents
`__________________
`KEVIN K. MCALEENAN, ACTING SECRETARY OF HOMELAND
`SECURITY, et al., Petitioners,
`v.
`MARTIN JONATHAN BATALLA VIDAL, et al., Respondents.
`__________________
`On Writs of Certiorari to the United States Courts of
`Appeals for the Ninth, District of Columbia, and
`Second Circuits
`__________________
`Brief for the States of Nevada, Michigan, Wisconsin, Governor
`Laura Kelly of Kansas, and Governor Steve Bullock of
`Montana as Amici Curiae in Support of Respondents
`__________________
`AARON D. FORD
`DANA NESSEL
`Attorney General of Nevada
`Michigan Attorney General
`HEIDI PARRY STERN*
`ERIC J. WILSON
`Solicitor General
`Deputy Attorney General
`CRAIG A. NEWBY
`State of Wisconsin
`LAURA KELLY
`Deputy Solicitor General
`100 North Carson Street
`Governor of Kansas
`Carson City, NV 89701
`STEVE BULLOCK
`(775) 684-1100
`Governor of Montana
`HStern@ag.nv.gov
`Counsel for Amici Curiae
`* Counsel of Record
`Becker Gallagher · Cincinnati, OH · Washington, D.C. · 800.890.5001
`
`

`

`i
`QUESTIONS PRESENTED
`1. Whether the Department of Homeland Security
`(DHS)’s decision to wind down the DACA policy is
`judicially reviewable.
`2. Whether the DHS’s decision to wind down the
`DACA policy is lawful.
`
`

`

`ii
`TABLE OF CONTENTS
`i
`QUESTIONS PRESENTED . . . . . . . . . . . . . . . . . . .
`iii
`TABLE OF AUTHORITIES . . . . . . . . . . . . . . . . . .
`INTEREST OF AMICI CURIAE . . . . . . . . . . . . . . . . 1
`INTRODUCTION AND
`SUMMARY OF ARGUMENT . . . . . . . . . . . . . . . 1
`ARGUMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
`A. The States’ Economies Benefit From DACA . . . . 4
`B. DACA Aids the States in Providing Social
`Services to Residents . . . . . . . . . . . . . . . . . . . . . . 9
`C. Public Colleges and Universities Benefit From
`DACA. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
`D. DACA Grantees are Valued State Employees. . 16
`E. DACA Contributes to Public Safety. . . . . . . . . . 16
`CONCLUSION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
`
`

`

`iii
`TABLE OF AUTHORITIES
`
`CASES
`Texas v. United States,
`328 F. Supp. 3d 662 (S.D. Tex. 2018). . . . . . . . . . 4
`OTHER AUTHORITIES
`Approximate Active DACA Recipients: As of April
`30, 2019, U.S. CITIZENSHIP AND IMM. SVC.,
`https://www.uscis.gov/sites/default/files/USCIS
`/Resources/Reports%20and%20Studies/Immigr
`ation%20Forms%20Data/All%20Form%20Type
`s/DACA/Approximate_Active_DACA_Recipient
`s_-_Apr_30_2019.pdf. . . . . . . . . . . . . . . . . . . . . . . 3
`Ike Brannon, The Economic and Budgetary Cost of
`Repealing DACA at the State Level, THE CATO
`INSTITUTE (Aug. 31, 2017), https://www.cato.org/
`blog/economic-budgetary-cost-repealing-daca-
`state-level . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
`Jill Casner-Lotto, Dreaming Big: What Community
`Colleges Can Do
`to Help Undocumented
`Immigrant Youth Achieve Their Potential,
`COMMUNITY COLLEGE CONSORTIUM FOR
`IMMIGRANT EDUCATION
`(Sept. 1, 2012),
`https://www.cccie.org/wp-content/uploads/
`2010/06/DREAMING_BIG_CCCIE_Report_9-
`2012_final_version.pdf . . . . . . . . . . . . . . . . . 12, 13
`
`

`

`iv
`Misha Hill & Meg Wiehe, State & Local Tax
`Contributions of Young Undocumented
`Immigrants, INSTITUTE ON TAXATION &
`ECONOMIC POLICY, Apr. 2018, https://itep.org/
`wp-content/uploads/2018DACA.pdf . . . . . . . . . . . 7
`Tom Jawetz & Nicole Prchal Svajlenka, Thousands
`of DACA Recipients Are Already Losing their
`from Deportation, CENTER FOR
`Protection
`AMERICAN PROGRESS
`(Nov. 9, 2017),
`https://www.americanprogress.org/issues/immi
`gration/news/2017/11/09/442502/thousands-
`daca-recipients-already-losing-protection-
`deportation/ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
`(Aug. 2019),
`Kansas Labor Market Report
`https://klic.dol.ks.gov/gsipub/index.asp?docid=4
`72 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
`Dara Lind, 9 facts that explain DACA, the
`is ending,
`immigration program Trump
`VOX.COM (Jan. 30, 2018), https://www.vox.com/
`policy-and-politics/2017/8/31/16226934/daca-
`trump-dreamers-immigration . . . . . . . . . . . . . . . 9
`Lisa Mascaro, Pen Pal Inspires Sen. Harry Reid
`on Immigration Reform, L.A. TIMES, July 12,
`2013 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
`Silva Mathema, What DACA Recipients Stand to
`Lose - And What States Can Do About It,
`CENTER FOR AMERICAN PROGRESS (Sept. 13,
`2018),
` https://www.americanprogress.org/
`issues/immigration/reports/2018/09/13/458008/
`daca-recipients-stand-lose-states-can/ . . . . . . . . 14
`
`

`

`v
`MIT News Office, President Reif writes to support
`preservation of DACA
`(Aug. 31, 2017),
`http://news.mit.edu/2017/president-reif-writes-
`support-preservation-daca-0831. . . . . . . . . . 13, 14
`NATIONAL CONFERENCE OF STATE LEGISLATURES,
`Deferred Action for Childhood Arrivals/Federal
`Policy and Examples of State Actions (Apr. 25,
`2018), http://www.ncsl.org/research/
`immigration/deferred-action.aspx . . . . . . . . . . . 15
`NEW AMERICAN ECONOMY RESEARCH FUND, The
`Contributions of New Americans in Montana
`(Aug. 2016), http://research.newamerican
`economy.org/wp-content/uploads/2017/02/nae-
`mt-report.pdf. . . . . . . . . . . . . . . . . . . . . . . . . . . 8, 9
`NEW AMERICAN ECONOMY RESEARCH FUND,
`Examining the Contributions of the DACA-
`Eligible Population in Key States, (Nov. 6, 2017),
`https://research.newamericaneconomy.org/repo
`rt/examining-the-contributions-of-the-daca-
`eligible-population-in-key-states/. . . . . . . . . . . 5, 6
`NEW AMERICAN ECONOMY RESEARCH FUND,
`Overcoming The Odds: The Contributions of
`DACA-Eligible Immigrants and TPS Holders to
`the U.S. Economy,
`(June 3, 2019),
`https://research.newamericaneconomy.org/repo
`rt/overcoming-the-odds-the-contributions-of-
`daca-eligible-immigrants-and-tps-holders-to-the-
`u-s-economy/ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
`
`

`

`vi
`Ed O’Keefe and David Nakamura, Trump, top
`Democrats agree to work on deal to save
`‘dreamers’ from deportation, THE WASHINGTON
`POST (Sept. 14, 2017) . . . . . . . . . . . . . . . . . . . . . . 2
`Statement in Support of the Deferred Action for
`Childhood Arrivals (DACA) Program and our
`Undocumented Immigrant Students (Nov. 21,
`2016), https://www.pomona.edu/support-daca. . 12
`Nicole Prchal Svajlenka, What We Know About
`DACA Recipients, by State, (Sept. 12, 2019),
`C E NT E R F OR A MERI CAN P R OGR E S S,
`https://www.americanprogress.org/issues/immi
`gration/news/2019/09/12/474422/know-daca-
`recipients-state/. . . . . . . . . . . . . . . . . . . . . . 5, 6, 10
`Nicole Prchal Svajlenka, et al., A New Threat to
`DACA Could Cost States Billions of Dollars,
`CENTER FOR AMERICAN PROGRESS, (July 21,
`2017), https://www.americanprogress.org/issues/
`immigration/news/2017/07/21/436419/new-
`threat-daca-cost-states-billions-dollars/. . . . . . 8, 9
`John Trent, NEVADA TODAY (Sept. 1, 2017),
`h t t p s : / / w w w . u n r . e d u / n e v a d a -
`today/news/2017/president-johnson-daca-
`statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
`U . S . C e n s u s F i g u r e s ,
`2 0 1 3 – 20 1 7 .
`https://www.census.gov/quickfacts/fact/table/MI
`. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
`
`

`

`vii
`U.S. CITIZENSHIP AND IMMIGRATION SERVICES,
`Approximate Active DACA Recipients – State or
`Territory of Residence as of August 31, 2018,
`https://www.uscis.gov/sites/default/files/USCIS
`/Resources/Reports%20and%20Studies/Immigr
`ation%20Forms%20Data/All%20Form%20Type
`s/DACA/DACA_Population_Data_August_31_2
`018.pdf. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
`UNIVERSITY OF WISCONSIN-MADISON, Statement
`from Chancellor Blank on Executive Order on
`I m m i g r a t i o n
`( J a n . 3 0 , 2 0 1 7 ) ,
`https://news.wisc.edu/statement-from-
`chancellor-blank-on-executive-order-on-
`immigration/ . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
`Tom K. Wong, et al., DACA Recipients’ Economic
`and Educational Gains Continue to Grow,
`CENTER FOR AMERICAN PROGRESS, (Aug. 28,
`2017), https://www.americanprogress.org/issues/
`immigration/news/2017/08/28/437956/daca-
`recipients-economic-educational-gains-continue-
`grow/ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
`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, 5
`
`

`

`1
`INTEREST OF AMICI CURIAE1
`Amici curiae are the States of Nevada, Michigan,
`and Wisconsin, Laura Kelly, Governor of Kansas, and
`Steve Bullock, Governor of Montana (“the States”).
`The interest of amici here lies in the positive impact
`DACA and its recipients have had on the States and
`the country as a whole. Rescinding DACA would
`accordingly harm the States and the country as a
`whole.
`
`INTRODUCTION AND
`SUMMARY OF ARGUMENT
`The Deferred Action for Childhood Arrivals program
`(DACA) has provided the States (and the country)
`significant, calculable benefits. As detailed below,
`these include significant economic contributions,
`improved public health, better public education,
`contribution as employees for the States, and overall
`public safety. Because these calculable benefits are at
`risk, the States join Respondents’ position that DACA’s
`rescission is subject to judicial review and was, in this
`instance, unlawfully rescinded.
`The categories listed above quantify the significance
`that rescinding DACA would have on the States. The
`deepest injury, however, would be the human toll on
`DACA recipients themselves, which are not so easily
`calculable, yet nonetheless real.
`
`Rule 37 statement: All parties issued blanket consents to the
`1
`filing of amicus briefs. No one but amici and their counsel authored
`any of this brief or funded its preparation and submission.
`
`

`

`2
`For instance, Nevada is home to numerous DACA
`recipients. Astrid Silva is one such recipient. At the age
`of four, Ms. Silva was pulled across the Rio Grande
`River with her mother, carrying a Ken doll.2 Once top-
`of-her-class in her magnet high school, she feared
`deportation if she applied to a university to pursue her
`dream of being an architect.3 Instead of giving up, she
`wrote and delivered letters to then-Senator Harry Reid.4
`After President Obama implemented DACA, Ms.
`Silva wrote the following to Senator Reid:
`I sit today holding my work permit and studying
`for my drivers permit. I turned 25 on March 11
`and I can tell you that I feel like my life has
`finally begun. I have so many ideas and dreams
`to accomplish.... I feel like I am one step closer to
`being part of this, my country.5
`As the current President of the United States has
`tweeted, “Does anybody really want to throw out good,
`educated and accomplished young people who have
`jobs, some serving in the military? Really!”6 The
`
`Lisa Mascaro, Pen Pal Inspires Sen. Harry Reid on
`2
`Immigration Reform, L.A. TIMES, July 12, 2013.
`
`3
`
`4
`
`5
`
`Id.
`
`Id.
`
`Id.
`
`See Ed O’Keefe and David Nakamura, Trump, top Democrats
`6
`agree to work on deal to save ‘dreamers’ from deportation, THE
`WASHINGTON POST (Sept. 14, 2017).
`
`

`

`3
`accomplishment of goals and dreams by DACA
`recipients like Ms. Silva benefit the States and the
`country, and are among the most important intangible
`benefits of DACA.
`DACA should not be rescinded without judicial
`review and proper legal justification.
`ARGUMENT
`Currently, more than 669,000 DACA recipients
`throughout the United States are able to go to work or
`school and live without fear of deportation while
`pursuing their dreams.7 They are students and
`teachers, military service members, law enforcement
`officers, fire fighters, health care workers, child and
`elder care workers, and treasured friends and
`neighbors. Allowing these individuals to participate in
`American society generates significant positive impacts
`for the States and the country as a whole. We
`recognize not only the economic value of these
`individuals, but also the myriad social benefits that
`result from permitting them to participate fully in our
`communities. As detailed below, in addition to
`contributing sorely needed
`tax revenue,
`their
`participation in DACA enriches our colleges and
`universities, reduces the burden on our public health
`
`Approximate Active DACA Recipients: As of April 30, 2019,
`7
`U . S . C I T I Z E N S H I P A N D
`I M M . S V C . ,
`https://www.uscis.gov/sites/default/files/USCIS/Resources/Repor
`ts%20and%20Studies/Immigration%20Forms%20Data/All%20F
`orm%20Types/DACA/Approximate_Active_DACA_Recipients_-
`_Apr_30_2019.pdf.
`
`

`

`4
`and social safety net systems, and enhances public
`safety.
`A. The States’ Economies Benefit From DACA.
`DACA provides recipients with the ability to apply
`for work authorizations, which allow them to work
`legally in the United States. With work authorization,
`many DACA recipients have obtained new or higher-
`paying jobs, allowing them to be productive members
`of our communities. The rescission of DACA nationwide
`could lead to the loss of work authorization for 915
`DACA recipients every day from the time it goes into
`effect.8 Businesses will face an estimated $6.3 billion
`in costs to replace employees if DACA is rescinded.9
`Businesses throughout the States will face a loss of
`demand for goods and services from the diminished
`purchasing power of the Dreamers and their families,
`while the state and local governments will see reduced
`tax revenues. For instance, DACA recipients in Nevada
`exercised an estimated $261.8 million in spending
`power in 2015, and paid an estimated $19.9 million in
`
`Jie Zong, et al., A Profile of Current DACA Recipients by
`8
`Education, Industry, and Occupation, MIGRATION POLICY INST.
`(Nov. 2017), https://www.migrationpolicy.org/research/profile-
`current-daca-recipients-education-industry-and-occupation.
`
`See Texas v. United States, 328 F. Supp. 3d 662, 695 (S.D. Tex.
`9
`2018).
`
`

`

`5
`state and local taxes.10 Approximately 1,500 DACA
`recipients own homes in Nevada.11
`Wisconsin had 6,720 DACA recipients as of 2017.12
`More than 90 percent of Wisconsin’s DACA recipients
`worked, unless currently in school or the military.13
`Wisconsin’s DACA recipients exercised an estimated
`spending power of $110.7 million in 2015, paying a
`total of $17.6 million in taxes (of which $10.1 million
`were state and local taxes).14 Wisconsin’s DACA
`recipients paid $26.5 million in rent in Wisconsin in
`2017.15
`In Michigan, according to the Migration Policy
`Institution, there are 13,000 Michigan residents who
`are eligible for deferred action under DACA, and 5,610
`are participating (44%) as of August 2018.16 Consistent
`
`10 NEW AMERICAN ECONOMY RESEARCH FUND, Examining the
`Contributions of the DACA-Eligible Population in Key States, (Nov. 6,
`2017), https://research.newamericaneconomy.org/report/examining-
`the-contributions-of-the-daca-eligible-population-in-key-states/.
`
`11 Nicole Prchal Svajlenka, What We Know About DACA Recipients,
`by State, (Sept. 12, 2019), CENTER FOR AMERICAN PROGRESS,
`https://www.americanprogress.org/issues/immigration/news/2019/0
`9/12/474422/know-daca-recipients-state/.
`
`12
`
`Id.
`
`13 NEW AMERICAN ECONOMY RESEARCH FUND, supra note 10.
`
`14
`
`Id.
`
`15 Svajlenka, supra note 11.
`
`16 Zong, et al., supra note 9.
`
`

`

`6
`with other states, Michigan’s DACA recipients are
`active in the work force. By one metric, more than 90%
`of Michigan’s DACA-eligible population were
`employed.17 In contrast, only 61.2% of the state’s
`population over the age of 16 was in the work force.18
`For 2015, the New American Economy Research
`Fund determined that Michigan’s DACA-eligible
`residents earned $182 million in income and paid $13.6
`million in state and local taxes, for a total of $27
`million in taxes generally.19 A September 2019 report
`marked tax payments at $23.3 million in state and
`local taxes for DACA-eligible residents, and a total of
`$42 million in taxes.20 For Michigan, one of only two
`states in the country to lose population in the 2010
`census, the role these residents play in the Michigan
`economy and workforce is vital. Michigan losing these
`hard-working and productive residents would have a
`significant, adverse effect on the Michigan economy.
`
`17 From 2015, the figure was 92.5%, where the state with the
`lowest percentage was still 86%. See NEW AMERICAN ECONOMY
`RESEARCH FUND, supra note 10.
`
`18 S e e U . S . C e n s u s F i g u r e s ,
`https://www.census.gov/quickfacts/fact/table/MI .
`
`2 0 1 3 – 2 0 1 7 .
`
`19 NEW AMERICAN ECONOMY RESEARCH FUND, supra note 10.
`
`20 Svajlenka, supra note 11.
`
`

`

`7
`In Kansas, nearly 6,000 DACA recipients21 generate
`$111 million in annual spending power22 and pay $12.6
`million annually in state and local taxes.23 The Cato
`Institute conservatively estimates that rescinding
`DACA will cost the Kansas economy $1.76 billion over
`the next decade,24 while the Center for American
`Progress estimates that the Kansas economy would
`
`IMMIGRATION SERVICES,
`21 U.S. CITIZENSHIP AND
`Approximate Active DACA Recipients – State or Territory of
`2 0 1 8 ,
`R e s i d e n c e
`a s
`o f A u g u s t
`3 1 ,
`https://www.uscis.gov/sites/default/files/USCIS/Resources/Repo
`rts%20and%20Studies/Immigration%20Forms%20Data/All%20
`Form%20Types/DACA/DACA_Population_Data_August_31_20
`18.pdf.
`
`22 NEW AMERICAN ECONOMY RESEARCH FUND, Overcoming The
`Odds: The Contributions of DACA-Eligible Immigrants and TPS
`the U.S. Economy,
`(June 3, 2019),
`Holders
`to
`https://research.newamericaneconomy.org/report/overcoming-the-
`odds-the-contributions-of-daca-eligible-immigrants-and-tps-
`holders-to-the-u-s-economy/.
`
`23 Misha Hill & Meg Wiehe, State & Local Tax Contributions of
`Young Undocumented Immigrants, INSTITUTE ON TAXATION &
`ECONOMIC POLICY, Apr. 2018, https://itep.org/wp-
`content/uploads/2018DACA.pdf.
`
`Ike Brannon, The Economic and Budgetary Cost of Repealing
`24
`DACA at the State Level, THE CATO INSTITUTE (Aug. 31, 2017),
`https://www.cato.org/blog/economic-budgetary-cost-repealing-daca-
`state-level.
`
`

`

`8
`lose $335 million in annual gross domestic product.25
`This is contrary to claims that the presence of DACA
`recipients imposes significant costs to state budgets
`and social services resources.
`Kansas is experiencing its lowest unemployment
`rate in 20 years, with only 3.2% of Kansans looking for
`work.26 In this low-unemployment economy, Kansas
`relies on its DACA recipients to fill both high- and low-
`skilled jobs that it could not otherwise fill. For Kansas,
`terminating DACA will prevent it from realizing the
`benefits of its investments in DACA recipients,
`significantly weakening Kansas’s economy.
`Montana is one of several states in the country that,
`while not boasting a large foreign-born population, is
`increasingly drawing more immigrants. Among them
`are DACA recipients. In 2010, the state was home to
`less than 20,000 foreign-born residents.27 Between
`2010 and 2014, that number grew by 19.1 percent—or
`more than three times as fast as the number of foreign-
`
`25 Nicole Prchal Svajlenka, et al., A New Threat to DACA Could
`Cost States Billions of Dollars, CENTER FOR AMERICAN
`P R O G R E S S ,
`
`( J u l y
`2 1 ,
`
`2 0 1 7 ) ,
`https://www.americanprogress.org/issues/immigration/news/2
`017/07/21/436419/new-threat-daca-cost-states-billions-dollars/.
`
`(Aug.
`26 Kansas Labor Market Report
`https://klic.dol.ks.gov/gsipub/index.asp?docid=472.
`
`2019),
`
`27 See NEW AMERICAN ECONOMY RESEARCH FUND, The
`Contributions of New Americans in Montana (Aug. 2016),
`h t t p : / / r e s e a r c h . n e w a m e r i c a n e c o n o m y . o r g / w p -
`content/uploads/2017/02/nae-mt-report.pdf.
`
`

`

`9
`born residents increased in the country as a whole.28
`Only three other states had higher rates of growth
`during that period. 29 Today, Montana is home to
`almost 24,000 individuals who were born in another
`country.30 Montana’s immigrants are playing a
`valuable role in helping Montana meet its healthcare
`workforce needs, both now and in the future.31 Should
`DACA be rescinded, Montana would suffer a minimum
`of $3,507,840 in economic loss.32
`In total, DACA recipients are an overwhelmingly
`beneficial—even essential—part of state economies.
`B. DACA Aids the States in Providing Social
`Services to Residents.
`Rescinding DACA would affect the financial security
`and welfare of families that today are supported by
`DACA grantees. Nationwide, 73 percent of DACA
`grantees live with an American citizen spouse, child, or
`sibling.33 In Nevada, 27,600 individuals live in mixed-
`status households with an estimated 4,600 United
`
`28
`
`29
`
`30
`
`Id.
`
`Id.
`
`Id.
`
`31 See NEW AMERICAN ECONOMY RESEARCH FUND. supra note 27.
`
`32 Svajlenka, et al., supra note 25.
`
`33 Dara Lind, 9 facts that explain DACA, the immigration
`is ending, VOX.COM
`(Jan. 30, 2018),
`program Trump
`https://www.vox.com/policy-and-politics/2017/8/31/16226934/daca-
`trump-dreamers-immigration.
`
`

`

`10
`States-born children of DACA recipients.34 Losing
`DACA status threatens to throw families into financial
`chaos, because many depend on the incomes and health
`insurance of the DACA recipients in their families. It
`also threatens to tear families apart, as native-born
`children of DACA recipients could be separated from
`their parents if removal proceedings are instituted
`against them.
`DACA grantees’ loss of income and health insurance
`will place increased burdens on the States’ public
`health and social safety net programs. Undocumented
`immigrants are more hesitant to seek out and use
`health services and medical treatment.35 Respondents
`in this case have described how they and other
`undocumented immigrants are hesitant to seek
`healthcare treatment when they need it.36 In addition,
`recipients were able to obtain health insurance because
`of DACA, often through their new employers. They will
`likely lose this health insurance because of the
`rescission, leading to worse health outcomes37 and
`greater strain on public health resources from treating
`uninsured patients at state facilities.38
`
`34 Svajlenka, supra note 11.
`
`35 Wong Decl., SER 1159
`
`36
`
`J.A. 934, 962.
`
`37 McLeod Decl., SER 759-760.
`
`38 Lorenz Decl., SER 715.
`
`

`

`11
`C. Public Colleges and Universities Benefit From
`DACA.
`Public colleges and universities in the States benefit
`tremendously from the participation of DACA grantees,
`who as both students and valued employees, contribute
`tuition revenue, skills, and knowledge, while enhancing
`diversity for all students. For example, University of
`Nevada, Reno President Marc Johnson wrote in a
`September 1, 2017 statement to faculty, staff and
`students:
`Since the Deferred Action for Childhood Arrivals
`(DACA) program was started in 2012, we have
`witnessed the critical benefits of this program
`for our students, and the highly positive impacts
`on our institution and community. . . We will
`continue to embrace our mission and support the
`members of our diverse groups, who are a valued
`and critical part of our campus community.39
`In this case, several DACA recipient respondents
`have attested to how DACA enabled them to attend
`universities. Many are exemplary students with great
`academic success.40
`
`(Sept. 1, 2017),
`John Trent, NEVADA TODAY
`39
`https://www.unr.edu/nevada-today/news/2017/president-johnson-
`daca-statement.
`
`40 See J.A. 921-923, 926-929 (UC Berkeley graduate, USCF med
`student); J.A. 937-938 (UCSD graduate); J.A. 957-960 (UC
`Berkeley graduate, Harvard Law School student); J.A. 967, 969-67,
`973-74 (attended Maryland community college, U.C. Berkeley PhD
`student); SER 543-544 (high school valedictorian, UCLA student);
`SER 556 (UCLA law student); SER 618-619 (high school
`
`

`

`12
`Recognizing these successes, leaders of over 600
`colleges and universities, including Nevada State
`College, five University of Wisconsin campuses
`(specifically including the University of Wisconsin-
`Madison flagship campus), Kansas State University,
`Northern Michigan University, and numerous other
`public universities, four-year colleges and community
`colleges from amici joined in a statement describing the
`“critical benefits” of DACA to their educational
`communities. Describing the continuation of DACA as
`a “moral imperative and a national necessity,” they
`wrote: “America needs talent – and these students, who
`have been raised and educated in the United States,
`are already part of our national communities and
`economies.”41
`Public colleges and universities provide needed
`educational services to DACA students, who often
`cannot afford the tuition and costs of private
`universities, and choose schools close to their home
`communities. Community colleges in particular have
`traditionally served immigrant students, including
`DACA students, as a gateway into higher education.42
`
`valedictorian, UCSD graduate, UCLA medical school student);
`SER 1112-1113 (UC Irvine PhD student and Ford Fellowship
`recipient).
`
`41 Statement in Support of the Deferred Action for Childhood
`Arrivals (DACA) Program and our Undocumented Immigrant
`Students (Nov. 21, 2016), https://www.pomona.edu/support-daca.
`
`Jill Casner-Lotto, Dreaming Big: What Community Colleges
`42
`Can Do to Help Undocumented Immigrant Youth Achieve Their
`Potential, COMMUNITY COLLEGE CONSORTIUM FOR IMMIGRANT
`
`

`

`13
`Nationwide, 94 percent of DACA grantees currently
`in school report that the grant of deferred action has
`allowed them to pursue education opportunities they
`otherwise would not have been able to pursue.43
`According to one nationwide study, 45% of DACA
`recipients were currently in school, and of that group,
`more than 70% were pursuing a bachelor’s degree or
`higher.44 As a result, the rescission of DACA would
`result in the loss of large sums in tuition revenue.
`If DACA is rescinded, many of these students, who
`work and support themselves while in school, will be
`forced to drop out before finishing their degrees. In
`addition, because these students have been educated in
`our public primary and secondary schools, our public
`educational system, and our nation as a whole, loses its
`investment in these talented students, “without any
`discernable benefit.”45 As noted by MIT President L.
`
`EDUCATION (Sept. 1, 2012) at p.1, https://www.cccie.org/wp-
`content/uploads/2010/06/DREAMING_BIG_CCCIE_Report_9-
`2012_final_version.pdf.
`
`43 Tom K. Wong, et al., DACA Recipients’ Economic and
`Educational Gains Continue to Grow, CENTER FOR AMERICAN
`P R O G R E S S ,
`
`( A u g .
`
`2 8 ,
`
`2 0 1 7 ) ,
`https://www.americanprogress.org/issues/immigration/news/201
`7/08/28/437956/daca-recipients-economic-educational-gains-
`continue-grow/.
`
`44
`
`Id.
`
`45 MIT News Office, President Reif writes to support preservation
`of DACA (Aug. 31, 2017), http://news.mit.edu/2017/president-reif-
`writes-support-preservation-daca-0831.
`
`

`

`14
`Rafael Reif, “We should treat these educated, English-
`speaking strivers not as a burden, but as a resource.”46
`Because some states provide in-state tuition rates
`at public colleges and universities to DACA students,
`but require other immigrants to pay full tuition, many
`of these students will find it unaffordable to continue
`with any form of higher education if DACA is
`rescinded. Likewise, DACA students will lose the
`ability to pay in-state tuition at public colleges and
`universities
`in at
`least three states: Virginia,
`Massachusetts, and Ohio. Among the nearly 20,600
`people with DACA status, students in those states are
`at risk of losing their access to public colleges and
`universities because of the prohibitive difference
`between in-state and out-of-state tuition.47
`At Virginia Commonwealth University, for example,
`out-of-state tuition costs $35,798 per year—$20,000
`more than in-state tuition and fees.48 In addition, in
`February 2017, Angel Cabrera, president of Virginia’s
`George Mason University, estimated that without
`
`46
`
`Id.
`
`47 Silva Mathema, What DACA Recipients Stand to Lose -
`It, CENTER FOR
`And What States Can Do About
`A M E R I C A N P R O G R E S S
`( S e p t . 1 3 , 2 0 1 8 ) ,
`https://www.americanprogress.org/issues/immigration/reports/2
`018/09/13/458008/daca-recipients-stand-lose-states-can/.
`
`48
`
`Id.
`
`

`

`15
`DACA, between 150 and 300 students might have to
`leave the university due to unaffordable tuition.49
`For another set of states, losing DACA status will bar
`students from attending public colleges and universities
`altogether. Currently, Alabama and South Carolina bar
`unauthorized immigrants from enrolling in their public
`institutions. Certain universities in Georgia also deny
`enrollment to undocumented students.50
`Even for those students who find a way to remain in
`school, as well as DACA recipients who serve as faculty
`and staff, their experience as part of the educational
`community will be curtailed without DACA. For
`example, without advance parole, DACA recipients will
`not be able to travel abroad for studies or educational
`meetings, and the colleges and universities will lose the
`ability to select the best candidates to represent the
`institution in these programs and forums.51
`
`49 Tom Jawetz & Nicole Prchal Svajlenka, Thousands of DACA
`Recipients Are Already Losing their Protection from Deportation,
`CENTER FOR AMERICAN PROGRESS
`(Nov. 9, 2017),
`https://www.americanprogress.org/issues/immigration/news/201
`7/11/09/442502/thousands-daca-recipients-already-losing-
`protection-deportation/.
`
`50 NATIONAL CONFERENCE OF STATE LEGISLATURES, Deferred
`Action for Childhood Arrivals/Federal Policy and Examples of
`S t a t e A c t i o n s
`( A p r .
`2 5 ,
`2 0 1 8 ) ,
`http://www.ncsl.org/research/immigration/deferred-action.aspx.
`
`51 See, e.g., UNIVERSITY OF WISCONSIN-MADISON, Statement from
`Chancellor Blank on Executive Order on Immigration (Jan. 30,
`2017), https://news.wisc.edu/statement-from-chancellor-blank-on-
`executive-order-on-immigration/.
`
`

`

`16
`D. DACA Grantees are Valued State Employees.
`DACA grantees serve the States not only in our
`colleges and universities, but also throughout state and
`local government, often serving in roles that make use
`of their unique skills and life experiences. Record
`evidence shows that DACA recipients perform jobs for
`which it can be hard to find a replacement hire, such as
`serving as interpreters at the County of Santa Clara’s
`hospitals.52 Because of their own background and
`ability to speak Spanish, DACA employees are
`uniquely able to connect with and understand the
`struggles these hospital clients face.
`DACA grantees have also been employed
`throughout state and local government agencies, often
`interacting and serving the communities where they
`themselves live. They are law enforcement officers,
`nurses, fire fighters, special needs teachers, home
`health care workers, and more. If DACA is rescinded
`the States would lose many highly valued, passionate,
`and productive employees, whose skill sets and
`experience would be costly for the States to replace.
`E. DACA Contributes to Public Safety.
`Many of the undersigned serve as chief law
`enforcement officials in our states, and we recognize
`the important public safety benefits that flow from
`DACA. Residents who live in fear of deportation are
`less likely to report crimes committed against them,
`and less likely to serve as witnesses to crimes they
`
`52 Marquez Decl., SER 744-745; Mendez Decl., SER 781; Duenas
`Decl., SER 424; Melvoin Decl., SER 768-769.
`
`

`

`17
`encounter, choosing to remain in the shadows. As just
`one of many examples, a DACA respondent stated that
`she did not report when she was robbed at gunpoint
`prior to DACA because of fear she would be deported.53
`Record evidence
`in this case supports her
`statement. For instance, in a survey of over 3,000
`DACA recipients, 53% said after the rescission they
`would be less likely to report a crime, 46% said they
`would be less likely to report a crime even if they were
`the victim, and 60% said they would be less likely to
`report wage theft.54 In another survey of DACA
`recipients, 59% said they would report a crime after
`receiving DACA status but would not have before.55
`Effective law enforcement requires cooperation
`between residents and law enforcement officers. That
`cooperation is lacking when residents live in fear of
`deportation. Indeed, unscrupulous criminals often
`target undocumented residents because
`they
`understand the particular vulnerability of this
`population. As a result, granting deferred action to
`young community members who

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