Nos. 18-587, 18-588, 18-589
`
`Supreme Court of the United States
`
`IN THE
`
`d S
`
`—v.—
`
`DEPARTMENT OF HOMELAND SECURITY, et al.,
`Petitioners,
`
`REGENTS OF THE UNIVERSITY OF CALIFORNIA, et al.,
`Respondents.
`
`(Caption continued on inside cover)
`
`ON WRITS OF CERTIORARI TO THE UNITED STATES COURT
`OF APPEALS FOR THE NINTH, DISTRICT OF COLUMBIA AND SECOND CIRCUITS
`
`BRIEF OF AMICI CURIAE 127 RELIGIOUS
`ORGANIZATIONS IN SUPPORT OF RESPONDENTS
`
`TEVEN A. ZALESIN
`Counsel of Record
`ADEEL A. MANGI
`MICHAEL N. FRESCO
`MOHAMMED A. BADAT
`PATTERSON BELKNAP WEBB
`& TYLER LLP
`1133 Avenue of the Americas
`New York, New York 10036
`(212) 336-2000
`sazalesin@pbwt.com
`FARHANA KHERA
`JUVARIA KHAN
`MUSLIM ADVOCATES
`P.O. Box 34440
`Washington, DC 20043
`(202) 897-2622
`Attorneys for Amici Curiae
`
`
`
`Supreme Court of the United States
`
`IN THE
`
`d S
`
`—v.—
`
`DEPARTMENT OF HOMELAND SECURITY, et al.,
`Petitioners,
`
`REGENTS OF THE UNIVERSITY OF CALIFORNIA, et al.,
`Respondents.
`
`(Caption continued on inside cover)
`
`ON WRITS OF CERTIORARI TO THE UNITED STATES COURT
`OF APPEALS FOR THE NINTH, DISTRICT OF COLUMBIA AND SECOND CIRCUITS
`
`BRIEF OF AMICI CURIAE 127 RELIGIOUS
`ORGANIZATIONS IN SUPPORT OF RESPONDENTS
`
`TEVEN A. ZALESIN
`Counsel of Record
`ADEEL A. MANGI
`MICHAEL N. FRESCO
`MOHAMMED A. BADAT
`PATTERSON BELKNAP WEBB
`& TYLER LLP
`1133 Avenue of the Americas
`New York, New York 10036
`(212) 336-2000
`sazalesin@pbwt.com
`FARHANA KHERA
`JUVARIA KHAN
`MUSLIM ADVOCATES
`P.O. Box 34440
`Washington, DC 20043
`(202) 897-2622
`Attorneys for Amici Curiae
`
`
`
`DONALD J. TRUMP, PRESIDENT OF THE UNITED STATES, et al.,
`
`—v.—
`
`Petitioners,
`
`NATIONAL ASSOCIATION FOR
`THE ADVANCEMENT OF COLORED PEOPLE, et al.,
`
`Respondents.
`
`KEVIN K. MCALEENAN, ACTING SECRETARY OF
`HOMELAND SECURITY, et al.,
`
`—v.—
`
`Petitioners,
`
`MARTIN JONATHAN BATALLA VIDAL, et al.,
`
`Respondents.
`
`
`
`i
`TABLE OF CONTENTS
`
`II.
`
`Page
`TABLE OF AUTHORITIES ........................................ ii
`INTERESTS OF AMICI CURIAE .............................. 1
`SUMMARY OF THE ARGUMENT ............................ 5
`ARGUMENT
` ............................................................ 7
`I.
`RELIGIOUS ORGANIZATIONS
`SUPPORT DACA AS A JUST
`RESPONSE TO A HUMANITARIAN
`CRISIS .............................................................. 7
`TERMINATION OF DACA WILL CAUSE
`AMICI, THEIR CONGREGATIONS, AND
`THEIR COMMUNITIES IRREPARABLE
`HARM AND POSES A GRAVE THREAT
`TO PUBLIC WELFARE ................................ 12
`A.
`Direct Harm to Amici and Their
`Congregants ........................................ 13
`Impairment of Amici’s Ability to
`Carry out Their Missions .................... 19
`As Sensitive Locations for
`Immigration Enforcement
`Purposes, Some Amici Will Be
`Called upon to Provide Sanctuary
`While at the Same Time Risking
`Being Targeted for Immigration
`Raids .................................................... 20
`CONCLUSION ......................................................... 25
`
`B.
`
`C.
`
`
`
`ii
`TABLE OF AUTHORITIES
`
`Page(s)
`
`Cases
`Hawaii v. Trump,
`859 F.3d 741 (9th Cir.), vacated on
`other grounds by Trump v. Hawaii,
`138 S. Ct. 377 (2017) ............................................ 19
`Kalaw v. Ferro,
`651 F. Supp. 1163 (W.D.N.Y. 1987) .................... 17
`Nunez v. Boldin,
`537 F. Supp. 578 (S.D. Tex. 1982) ....................... 16
`Valle Del Sol Inc. v. Whiting,
`732 F.3d 1006 (9th Cir. 2013) .............................. 19
`Statutes
`Administrative Procedure Act ................................... 7
`Other Authorities
`Alex Emmons, The Intercept, Targeting
`a Sanctuary: After ICE Stakes Out a
`Church Homeless Shelter, Charities
`Worry Immigrants Will Fear Getting
`Help,
`https://theintercept.com/2017/02/27/a
`fter-ice-stakes-out-a-church-
`homeless-shelter-charities-worry-
`immigrants-will-fear-getting-help/
`(Feb. 27, 2017) ...................................................... 23
`
`
`
`
`
`iii
`TABLE OF AUTHORITIES
`(continued)
`
`Page(s)
`
`American-Islamic Relations, CAIR
`Condemns Trump’s Termination of
`DACA Program as ‘Pandering to
`Anti-Immigrant Extremists’,
`https://www.cair.com/press-
`center/press-releases/14582-cair-
`condemns-trump-s-termination-of-
`daca-program-as-pandering-to-anti-
`immigrant-extremists.html (Sept. 5,
`2017) ..................................................................... 10
`CBS News, Undocumented immigrant,
`father of leukemia patient, takes
`refuge in Phoenix church,
`https://www.cbsnews.com/news/undo
`cumented-immigrant-father-of-
`leukemia-patient-takes-refuge-in-
`phoenix-church/ (Feb. 12, 2018,
`7:20 AM) ............................................................... 22
`95.1 Chicago, Amid Deportation
`Push, Suburban Church Grapples
`with Loss,
`https://www.wbez.org/shows/wbez-
`news/amid-deportation-push-
`suburban-church-grapples-with-
`loss/3d269fc3-04e7-4604-bae4-
`a376a37410c9 (Feb. 15, 2016) ............................. 24
`
`
`
`iv
`TABLE OF AUTHORITIES
`(continued)
`
`Page(s)
`
`U.S. Immigration and Customs
`Enforcement, FAQ on Sensitive
`Locations and Courthouse Arrests:
`Does ICE’s policy sensitive locations
`policy remain in effect?,
`https://www.ice.gov/ero/enforcement/
`sensitive-loc .......................................................... 21
`Julie Carey, NBC Washington, ICE
`Agents Arrest Men Leaving Fairfax
`County Church Shelter,
`https://www.nbcwashington.com/new
`s/local/ICE-Agents-Arrest-Men-
`Leaving-Alexandria-Church-Shelter-
`413889013.html (Feb. 15, 2017) .......................... 23
`KVIA, Which places are considered
`‘sensitive locations’?,
`http://www.kvia.com/crime/which-
`places-are-considered-sensitive-
`locations/338319025 (Feb. 16, 2017) ................... 25
`Memorandum from John Morton,
`Director, U.S. Immigration and
`Customs Enforcement to Field Office
`Directors, Special Agents in Charge,
`and Chief Counsel (Oct. 24, 2011),
`https://www.ice.gov/doclib/ero-
`outreach/pdf/10029.2-policy.pdf........................... 20
`
`
`
`v
`TABLE OF AUTHORITIES
`(continued)
`
`Page(s)
`
`Qué Pasa Mi Gente, Arrestos de ICE
`cerca de escuela elemental de
`mayoría hispana,
`https://charlotte.quepasanoticias.com
`/noticias/ciudad/local/arrestos-de-ice-
`cerca-de-escuela-elemental-de-
`mayoria-hispana (Feb. 9, 2017) ........................... 24
`Religious Action Center of Reform
`Judaism, Reform Jewish Movement
`Assails White House Targeting of
`Immigrant Youth,
`https://rac.org/reform-jewish-
`movement-assails-white-house-
`targeting-immigrant-youth
`(Sept. 5, 2017) ...................................................... 10
`Sanctuary Movement,
`http://www.sanctuarynotdeportation.
`org/ ........................................................................ 11
`Sup. Ct. R. 37.6 ............................................................ 1
`
`
`
`vi
`TABLE OF AUTHORITIES
`(continued)
`
`Page(s)
`
`Tina Vasquez, Rewire, Have Trump’s
`Mass Deportations Begun?
`Immigration Arrests Reported
`Around the Country,
`https://rewire.news/article/2017/02/1
`0/trumps-mass-deportations-begin-
`immigration-arrests-reported-
`around-country/ (Feb. 10, 2017) .......................... 24
`U.S. Dep’t of Homeland Security,
`Statement by Secretary Jeh C.
`Johnson on Southwest Border
`Security,
`https://www.dhs.gov/news/2016/02/0
`2/statement-secretary-jeh-c-johnson-
`southwest-border-security (Feb. 2,
`2016) ..................................................................... 21
`
`USCCB President, Vice President and
`Committee Chairmen Denounce
`Administration’s Decision to End
`DACA and Strongly Urge Congress
`to Find Legislative Solution,
`http://www.usccb.org/news/2017/17-
`157.cfm (Sept. 5, 2017) ........................................... 9
`
`
`
`
`
`
`
`INTERESTS OF AMICI CURIAE1
`Led by the Muslim Bar Association of New York,
`amici are more than 100 U.S. religious or religiously-
`affiliated organizations who represent a wide array
`of
`faiths and denominations.
` Amici
`include
`congregations and houses of worship as well as
`professional, civil liberties, and immigrant rights
`groups who work with
`or
`represent
`faith
`communities (“Religious Organizations”).
` Amici
`have long supported Deferred Action for Childhood
`Arrivals
`(“DACA”) as a
`compassionate and
`appropriate response to the humanitarian crisis
`posed
`by
`the hundreds
`of
`thousands
`of
`undocumented people brought to this country as
`children, before they could make choices of their own.
`Amici believe that the arbitrary rescission of DACA
`will indelibly harm the vitality of their spiritual
`communities,
`including by
`forcing
`committed
`members of their congregations and organizations to
`leave the country or return to the shadows. Indeed,
`certain amici have committed to providing sanctuary
`to those targeted for deportation.
`
`Amici are: Albuquerque Mennonite Church;
`Albuquerque Monthly Meeting of the Religious
`Society of Friends
`(Quakers); The American
`Association of Jewish Lawyers and Jurists; American
`
`1 Pursuant to Sup. Ct. R. 37.6, counsel for amici curiae
`represent that they have authored the entirety of this brief, and
`that no person other than the amici curiae or their counsel has
`made a monetary contribution to the preparation or submission
`of this brief. All parties in each of the three cases have
`provided consent for amici curiae to file this brief.
`
`
`
`
`
`2
`Baptist Church of the Rochester/Genesee Region;
`American Baptist Churches of Metropolitan New
`York; American Friends Service Committee; Ansche
`Chesed, New York City; American Jewish
`Committee; Arch Street United Methodist Church;
`Association of Muslim American Lawyers; Cabrini
`Immigrant Services of NYC; Campus Ministry of
`Roman Catholic Archdiocese of New York at Hostos
`and Bronx Community College of City University of
`New York; Capital Area Muslim Bar Association;
`Catholic Charities Community Services of the
`Archdiocese of New York; Catholic Charities,
`Trenton, NJ; Catholic Legal Services, Archdiocese of
`Miami, Inc.; Central Conference of American Rabbis;
`Church Council of Greater Seattle; Church of Our
`Redeemer in Lexington, Massachusetts; Church of
`Our Saviour/La
`Iglesia de Nuestro Salvador
`(Cincinnati, Ohio); Congregation Action Network;
`Congregation B’nai Jeshurun (New York City);
`Congregation Beit Simchat Torah; Congregation
`Shaarei
`Shamayim
`(Madison, Wisconsin);
`Congregation of Our Lady of Charity of the Good
`Shepherd, US Provinces; Council of Churches of the
`City of New York; Council on American-Islamic
`Relations (National); Council on American-Islamic
`Relations – California Chapter; Council
`on
`American-Islamic Relations – Michigan Chapter;
`Council of American-Islamic Relations – New Jersey
`Chapter; Council of American-Islamic Relations –
`New York Chapter; Council on American-Islamic
`Relations – Oklahoma Chapter; Cuba Presbyterian
`Church (Presbyterian Church, USA), Cuba, New
`Mexico; Daughters of Charity of St. Vincent de Paul;
`Degrees of Change; Dominican Development Center;
`East End Temple (New York City); El Paso Monthly
`
`
`
`3
`Meeting of the Religious Society of Friends; Emgage;
`Episcopal City Mission; Episcopal Diocese of Long
`Island; Episcopal Diocese
`of Massachusetts;
`Episcopal Diocese of New York; Episcopal Diocese of
`Rochester; Episcopal Dioceses
`of Western
`Massachusetts; Episcopal Society
`of Christ
`Church/The Christ Church Cathedral, Cincinnati,
`Ohio; Faith in New Jersey; First Congregational
`Church of Kalamazoo; First Congregational United
`Church of Christ (Albuquerque, New Mexico); First
`Unitarian Church of Portland, Oregon; First
`Unitarian Congregational Society in Brooklyn; New
`Mexico; Franciscan Friars of the Province of St.
`Barbara; Global Justice Institute; Ignatian Solidarity
`Network; Hawaii Conference of the United Church of
`Christ; Hyattsville Mennonite Church; ICNA Council
`for Social Justice; Interfaith Alliance of Iowa; Iowa
`Conference of the United Church of Christ; Islamic
`Circle of North America; Islamic Society of Central
`Jersey; Jewish Center for Justice; Keshet; Lab/Shul;
`Leadership Conference of Women Religious; Legal
`Advocacy Project
`of Unitarian Universalist
`FaithAction of New Jersey; Living Interfaith Church
`of Lynnwood, WA; Lutheran Immigration and
`Refugees Service; Maryknoll Office
`for Global
`Concerns; Metropolitan New York Synod of the
`Evangelical Lutheran Church in America; Men of
`Reform Judaism; Muslim Advocates; Muslim Bar
`Association of New York; Muslim Public Affairs
`Council; Muslim Urban Professionals (Muppies);
`Muslims for Progressive Values; National Advocacy
`Center of the Sisters of the Good Shepherd; National
`Council of Jewish Women; NETWORK Lobby for
`Catholic Social Justice; New Mexico Faith Coalition
`for Immigrant Justice; New Sanctuary Coalition;
`
`
`
`4
`New York Annual Conference Immigration Task
`Force of the United Methodist Church; New York
`Board of Rabbis; New York Conference United
`Church of Christ; New York State Council of
`Churches; New York Yearly Meeting, the Religious
`Society of Friends (Quakers); Northern California
`Nevada Conference of the United Church of Christ;
`Oregon Interfaith Movement for Immigrant Justice;
`Pacific Northwest Conference of the United Church
`of Christ; Pax Christi Metro New York; Pax Christi,
`USA; Presbyterian Church (U.S.A.); Presentation
`Sisters at Caminando Juntos; Province of St. Mary of
`the Capuchin Order; Queens Federation of Churches;
`The Rabbinic Call for Human Rights; The Reform
`Temple of Forest Hills; Religious Institute; Romemu;
`San Bernardino Community Service Center, Inc.;
`Santa Fe Monthly Meeting of the Religious Society of
`Friends (Quakers); Sisterhood of Salaam Shalom,
`Society for the Advancement of Judaism; Southwest
`Conference of the United Church of Christ; St.
`Andrew Presbyterian Church in Albuquerque, New
`Mexico; St. Francis Community Services / Catholic
`Legal Assistance Ministry; St. Luke’s Episcopal
`Church
`in Long Beach; St. Peter’s Church,
`Evangelical Lutheran Church in America;
` St.
`Stephen’s Episcopal Church in Boston; Stephen Wise
`Free Synagogue; Synod of the Northeast PCUSA;
`T’ruah: Temple Israel of Hollywood (CA); Temple Ner
`Tamid of Bloomfield, New Jersey; Temple Sinai
`(Washington, DC); Town and Village Synagogue,
`New York, New York; Trinity Church Wall Street;
`Union for Reform Judaism, including Reform Jewish
`Voice of New York State; Unitarian Universalist
`Mass Action Network; Unitarian Universalist
`Service Committee; Unitarian Universalists
`for
`
`
`
`5
`Social Justice; United Methodist Women; University
`Christian Ministry at Northwestern University;
`Visitation
`BVM
`Church
`in
`Philadelphia,
`Pennsylvania; West End Synagogue (New York City);
`Westminster Presbyterian Church of Santa Fe;
`Women of Reform Judaism; and The Workmen’s
`Circle.
`
`SUMMARY OF THE ARGUMENT
`Since DACA’s
`inception
`in 2012, American
`religious communities of many faiths have supported
`the program as a just and compassionate response to
`a moral and humanitarian crisis. The children and
`young adults eligible for and currently receiving the
`benefits of DACA status (often referred to as
`“Dreamers”) were, in most cases, brought to this
`country as children by their parents. They have
`lived most of their lives in the United States,
`typically with no memory of any other home. Only
`young people who have pursued education or served
`in our military, and have no significant criminal
`record, are eligible for DACA status. Yet they now
`face deportation to often dangerous and unfamiliar
`places, or a life in the undocumented shadows.
`
`Amici believe, on the basis of faith and morality,
`that these children and young adults must be
`protected. Amici therefore offer this brief in support
`of Respondents in order to address how, in their
`view, the Government’s proposed termination of
`DACA
`(the “Termination Memo”) would cause
`irreparable harm and constitute a severe detriment
`to the public. Amici have firsthand knowledge of the
`valuable contributions to faith and community made
`
`
`
`6
`by DACA recipients and understand all too well the
`harm that the termination of DACA would cause.
`For example, ending DACA would put Nancy, an
`Associate Rector at amicus St. Luke’s Episcopal
`Church in Long Beach, California, who came to the
`United States from Mexico at age seven, at risk of
`deportation. Amici detail the stories of Nancy and
`others like her in Section II(A) below to provide the
`Court with a sample of the lives that are at risk of
`being upended. Amici also know, because of their
`religious and charitable work in Latin America and
`other regions, the challenges and dangers these
`young people face if they are deported.
`
`Amici also have a direct stake in these issues
`beyond their religious concerns and the protection of
`their congregants. First, amici stand to lose the
`substantial benefits they currently enjoy as a result
`of the varied contributions that DACA recipients
`make to their congregations and institutions.
`
`Second, if the Termination Memo is carried out
`and DACA recipients and DACA-eligible individuals
`are
`forced
`into hiding, amici will suffer an
`impairment of their ability to carry out their core
`mission to provide spiritual guidance and general
`assistance to people of all backgrounds and faiths.
`
`Third, many amici have and will continue to offer
`sanctuary to those facing deportation.
` Amici’s
`churches, mosques, and synagogues are ostensibly
`designated by U.S. Immigration and Customs
`Enforcement (“ICE”) as sensitive locations to be
`avoided by enforcement officials, but ICE has shown a
`growing willingness to target and exploit, rather than
`
`
`
`7
`avoid, sensitive locations. Amici will be on the front
`line of this conflict if DACA is rescinded: honoring
`their convictions to protect DACA recipients will risk
`ICE raids on or around their houses of worship.
`
`in
`forth herein and
`For the reasons set
`Respondents’ and other amici’s briefs, amici urge the
`Court to affirm the lower courts’ decisions enjoining
`the implementation of the Termination Memo and
`holding that it was unlawful.
`ARGUMENT
`The lower courts prohibited the Government from
`proceeding with its planned termination of DACA. In
`Case Nos. 18-587 and 18-589, the lower courts found
`that Respondents demonstrated (1) a likelihood of
`success on the merits of their claims under the
`Administrative Procedure Act, (2) irreparable harm,
`and (3) that the balance of equities and the public
`interest favored injunctive relief. In Case No. 18-588,
`the lower court vacated the Termination Memo, finding
`that it was arbitrary and capricious. Amici endorse the
`lower courts’ holdings and the arguments set forth by
`Respondents, and submit this brief to further illustrate
`the irreparable harm that implementation of the
`Termination Memo would cause.
`I. RELIGIOUS ORGANIZATIONS SUPPORT
`DACA AS A JUST RESPONSE TO
`A HUMANITARIAN CRISIS
`Amici object to the Government’s arbitrary and
`ill-reasoned decision to rescind DACA on moral,
`spiritual, and religious grounds. Although they
`
`
`
`8
`represent different faiths and denominations, amici
`are in unequivocal agreement that DACA is a force
`for good in our society that should be protected. As
`amicus Catholic Charities Community Services of
`the Archdiocese of New York explains, “DACA is an
`important first step to acknowledging and growing
`the human and social contributions and needs of
`young immigrants and of our own communities.”2
`Those who are eligible for DACA or who already
`benefit from it “were brought to the United States”
`by their parents, “now have established roots, have
`built families, have contributed to their communities
`of faith, work, and family,” and their “energy, spirit,
`life, and heart are part of this nation, which can only
`benefit from their continued participation.”
`
`For many amici, these convictions are deeply
`rooted in their faith and moral principles. Temple
`Sinai of Washington D.C., for example, believes that
`“as a Jewish institution, Biblical texts and our
`Jewish history inform our position on modern day
`immigration policy. Leviticus 19 explicitly says,
`‘When a stranger sojourns with you in your land, you
`shall do him no wrong.’” St. Luke’s Episcopal
`Church in Long Beach, California, similarly states
`that “for us, this is a biblical rather than a political
`issue.” And as the Catholic mission Maryknoll
`attests, “recognizing the hardships and struggles of
`immigrant families, and the tremendous economic
`
`2 Quotes from amici herein are drawn from interviews
`conducted by counsel in November and December 2017 to
`provide the Court with a fuller understanding of how DACA has
`impacted American religious communities.
`
`
`
`9
`and social contributions Dreamers make to the
`United States, we feel it is unethical to send
`Dreamers back to countries they hardly know, as
`well as a senseless loss to our nation.”
`
`For others still, supporting DACA is part of their
`social justice mission. Christ Church Cathedral in
`Cincinnati has,
`in
`light of the Government’s
`immigration policy priorities, “focused its social
`justice concerns on matters of immigration and the
`impact that deportations or the repeal of DACA will
`have on God’s children.”
`
`Amici and groups like them have, accordingly,
`objected vocally to the arbitrary repeal of the DACA
`program.
` On September 5, 2017, when the
`Government announced its decision to terminate
`DACA, countless religious groups and
`leaders
`released statements of condemnation. The United
`States Conference of Catholic Bishops publicly called
`the decision “reprehensible,” “unacceptable,” and “a
`heartbreaking moment in our history that shows the
`absence of mercy and good will.”3 Amicus Council on
`American-Islamic Relations described the move as a
`“heartless action [that] will only serve to create fear
`and anxiety for the Dreamers and their loved ones,
`and will force them back to living in the shadows,
`rendering them unable to contribute to our nation’s
`
`3 United States Conference of Catholic Bishops, USCCB
`President, Vice President and Committee Chairmen Denounce
`Administration’s Decision to End DACA and Strongly Urge
`Solution,
`Congress
`to
`Find
`Legislative
`http://www.usccb.org/news/2017/17-157.cfm (Sept. 5, 2017).
`
`
`
`10
`economy.”4 And amici Union for Reform Judaism
`and Central Conference of American Rabbis declared
`it “morally misguided and poor public policy,” noting
`that “Judaism demands that we welcome the
`stranger and compels us to work for a
`just
`immigration system.”5
`
`these
`agree wholeheartedly with
`Amici
`statements. Rev. Robin Hynicka of amicus Arch
`Street United Methodist Church
`(“UMC”)
`in
`Philadelphia, for example, describes the “mythology
`surrounding why people migrate” as a campaign to
`“criminalize
`immigration” and
`to paint all
`immigrants as “bad,” when in fact the “the real
`reasons for these migrations are not listened to,
`considered, or understood.” He explains: “From a
`faith perspective, we take a baptismal vow that
`states we will resist evil, injustice, and oppression in
`any form in which it presents itself. The current
`immigration system and the move to end DACA
`create unjust circumstances, made manifest
`in
`human suffering. The attempt to crack down on
`Dreamers is a serious, cynical, evil action that has
`
`4 Council on American-Islamic Relations, CAIR Condemns
`Trump’s Termination of DACA Program as ‘Pandering to Anti-
`Immigrant Extremists’,
`https://www.cair.com/press-center/
`press-releases/14582-cair-condemns-trump-s-termination-of-
`daca-program-as-pandering-to-anti-immigrant-extremists.html
`(Sept. 5, 2017).
`
`5 Religious Action Center of Reform Judaism, Reform Jewish
`Movement Assails White House Targeting of Immigrant Youth,
`https://rac.org/reform-jewish-movement-assails-white-house-
`targeting-immigrant-youth (Sept. 5, 2017).
`
`
`
`11
`nothing to do with safety or justice. We have a
`theological and moral obligation to oppose these
`forces.”
`
`Amici include entities that have taken active
`steps to protect Dreamers. A nation-wide, interfaith
`network of communities and congregations known as
`the New Sanctuary Movement, of which many amici
`are a part, have pledged to stand in solidarity with
` These groups
`immigrants facing deportation.6
`provide preparedness training and legal counseling
`and referrals; accompany individuals to immigration
`hearings; run awareness programs and panel
`discussions; and
`conduct advocacy aimed at
`supporting immigrant communities through the lens
`of faith. Amicus New Mexico Faith Coalition for
`Immigrant Justice, for example, provides these
`services “in order to create better immigration laws
`and a more just system that supports the well-being
`of all,” and employs two DACA recipients in their
`three-person office.
` Similarly, amicus New
`Sanctuary Coalition is an interfaith network working
`“to reform immigration enforcement practices and
`policies, both locally and nationally, with a special
`focus on preserving family unity.” As explained
`below, many amici and congregations like them have
`offered themselves as places of sanctuary, providing
`shelter to those targeted for deportation actions.
`
`Amici thus oppose with deep conviction the
`Government’s arbitrary decision to terminate DACA.
`
`
`6 See Sanctuary Movement,
`http://www.sanctuarynotdeportation.org/.
`
`
`
`12
`As institutions of faith with a special interest in
`serving vulnerable immigrant populations, amici
`have direct knowledge of the harm that the
`Government’s actions will cause to them and the
`people with whom they live, work, and worship.
`
`II. TERMINATION OF DACA WILL CAUSE
`AMICI, THEIR CONGREGATIONS, AND
`THEIR COMMUNITIES IRREPARABLE
`HARM AND POSES A GRAVE THREAT TO
`PUBLIC WELFARE
`The arbitrary termination of DACA will not only
`imperil Respondents, it will directly harm amici and
`their congregants, clergy members, staff, clients, and
`communities. In the words of amicus Church
`Council of Greater Seattle, “DACA-recipients are our
`brothers and sisters, relatives, service-providers,
`congregational members, initiators of small business,
`and protectors of our communities and nation,” and
`the Government’s actions would “deprive hopeful and
`patriotic men and women of the opportunity to
`exercise their hopes and dreams, to the detriment of
`the common good.” Like our society at large, faith
`communities, according to the Albuquerque Monthly
`Meeting of
`the Religious Society of Friends
`(Quakers), “stand to lose the tremendous investment
`made over many years to bring DACA recipients into
`adulthood with skills and multicultural perspectives
`that are sorely needed by the larger community and
`the nation.”
`The Government’s planned actions would cause
`harm on various levels. First, DACA recipients are
`vital members of amici’s
`congregations and
`
`
`
`13
`workforces whose loss of status will not only disrupt
`their lives, but harm amici who benefit from their
`participation. Second, termination of the DACA
`program will impair the ability of amici and other
`religiously-affiliated organizations to carry out their
`missions to help people of all backgrounds and faiths.
`Third, as institutions of faith and sensitive locations
`for immigration enforcement purposes, many amici
`face the grim prospect that following their spiritual
`calling to provide sanctuary for targeted Dreamers
`will result in the religious entities themselves being
`targeted by immigration enforcement authorities, a
`concern that would increase dramatically with the
`termination of DACA.
`
`A. Direct Harm to Amici and Their
`Congregants
`To illustrate the irreparable harm at issue in this
`case, amici provide the Court with the following
`examples of individual DACA recipients brought to
`this country as children who have enriched their
`communities, organizations and congregations.
`Nancy.7 Nancy, Associate Rector at amicus St.
`Luke’s Episcopal Church in Long Beach, California,
`came to the United States from Mexico at age seven.
`Like many Dreamers, Nancy did not know she was
`undocumented until her junior year of high school,
`when she applied to college and learned what a social
`
`7 Declarations from the individual DACA recipients attesting to
`the information presented here are on file with counsel. The
`last names of these individuals have been withheld here to
`protect their privacy.
`
`
`
`14
`security number was—and that she did not have one.
`Nancy describes her
`life after
`learning her
`immigration status as “in the shadows”; she could
`not get a driver’s license, and could not drive a car
`for
`fear of getting pulled over and risking
`deportation. For a teenager in Los Angeles, this was
`no idle fear.
`Nonetheless, Nancy was active in her community.
`The Episcopal Church served as an extended family
`during her childhood, and by the time she turned 17
`Nancy led the largest youth group in the Episcopal
`Diocese of Los Angeles. So great was her dedication
`that the Church paid for her tuition to college and
`seminary school, where she obtained a Master’s of
`Divinity degree. After obtaining DACA status,
`Nancy was able to fulfill her dream of becoming an
`ordained Episcopal minister. Today, Nancy is the
`associate rector at amicus St. Luke’s Episcopal
`Church, and the Diocese of Los Angeles’s first Latina
`leader to have grown up in a Spanish-speaking
`Episcopal Church and gone on to pursue ordination.
`At St. Luke’s, she is actively involved in immigrants’
`rights activism and education initiatives.
`For Nancy, the Government’s announcement on
`September 5, 2017 was “a moment of complete fear
`and hopelessness.” She and others like her have
`“made a life here, trusted the system and tried to do
`things the right way,” but now “run the risk that we
`will be hunted down and sent to a country that we do
`not know.”
`Rafael. Brought to Los Angeles at three years
`old, Rafael, an office assistant with amicus New
`
`
`
`15
`Mexico Faith Coalition for Immigrant Justice, was
`born in Guanajuato, Mexico. Rafael’s parents,
`having risked everything to bring him to the United
`States, sought to instill in him the values of hard
`work and education. They succeeded. Rafael
`completed a Bachelor’s Degree with a double major
`in History and Chicano Studies from California State
`University Dominguez Hills while working full time
`to pay his tuition and support himself. After
`obtaining DACA status, Rafael went on to obtain a
`Master’s Degree
`in American Studies at the
`University of New Mexico, where he is now a Ph.D.
`candidate and an instructor.
`Rafael’s parents also instilled in him the values of
`Catholicism.
` He believes
`that
`faith-based
`organizations “fill the gaps of social justice and
`service that many times nation-states do not offer.”
`As such, he works for amicus New Mexico Faith
`Coalition
`for Immigrant Justice as an office
`assistant. Rafael is proud to contribute to their
`work, which he sees as fulfilling community needs
`and a natural expression of his Catholic faith.
`For Rafael, the end of DACA represents drastic
`and dangerous change. It spells the end of access to
`the work that he loves and a halt to his career after
`graduation. Moreover, it means “going back to living
`in the reality of survival mode,” forever uncertain of
`his place and permanence in his own home, and
`without opportunity to flourish and grow.
`Andrea. Andrea is a legal assistant at amicus
`American Friends Service Committee. Andrea was
`born and baptized in Ecuador, but brought to New
`
`
`
`16
`Jersey by her parents when she was a year and a
`half old. Andrea grew up in the Catholic Church.
`She went to Sunday school, took First Communion,
`and received Confirmation at her church in the
`Newark area, where she continues to volunteer in
`youth groups and for fundraising activities.
`Andrea’s parents, like many parents of Dreamers,
`prioritized her education. Knowing she could not
`obtain financial aid, Andrea’s parents, both union
`members, carefully saved. After Andrea earned a
`paralegal degree
`from community college, her
`parents put her through Rutgers University’s
`undergraduate program. Nonetheless, until DACA,
`Andrea’s life was one of fear and constraint. She
`kept her undocumented status secret, and had to
`refrain from the normal day-to-day activities and
`jobs that her friends freely engaged in.
`Andrea graduated from Rutgers summa cum
`laude. After she obtained DACA status, she was
`hired as a paralegal at a law firm, and was proud to
`have a job and a salary. Andrea’s dream is to go to
`law school in the United States. For her, the end of
`DACA puts her dream in doubt and threatens to
`send her to Ecuador, a place in which she has never
`set foot since she was an infant. In the face of this
`peril, Andrea maintains, “I love this country and I
`can’t imagine living elsewhere.”
`* * *
`The harm that these individuals would suffer as a
`result of their loss of DACA status is readily
`apparent. See Nunez v. Boldin, 537 F. Supp. 578,
`
`
`
`17
`587 (S.D. Tex. 1982) (“Deportation to a country
`where one’s life would be threatened obviously would
`result in irreparable injury.”); Kalaw v. Ferro, 651 F.
`Supp. 1163, 1167
`(W.D.N.Y. 1987)
`(enjoining
`deportation proceeding and finding irreparable harm
`because “petitioner’s deportation would make her
`ineligible
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