On September 6, 2017 15 states and the District of Columbia filed a federal lawsuit (New York et al. v. Trump et al.) in the United States District Court for the Eastern District of New York challenging the Department of Homeland Security’s (DHS) September 5, 2017 Memorandum rescinding the Deferred Action for Childhood Arrivals (DACA) program.
New York, Massachusetts, Washington, Connecticut, Delaware, District of Columbia, Hawaii, Illinois, Iowa, New Mexico, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont and Virginia ask the court to enjoin defendants from (1) “rescinding the DACA program” and (2) “using information obtained in any DACA application or renewal request to identify, apprehend, detain, or deport any DACA applicant or member of any DACA applicant’s family, or take any action against a DACA applicant’s current or former employer.”
The plaintiffs also ask the court to declare the DHS memorandum (1) in violation of the Equal Protection component of the Due Process Clause of the Fifth Amendment by discriminating based on national origin (79% members are Mexican); and (2) in violation of both substantive and procedural rights set forth in the Administrative Procedure Act which prohibit arbitrary and capricious action and require a notice and comment rule-making process.
On September 8, 2017 the Regents of the University of California and Janet Napolitano sued the U.S. Department of Homeland Security (DHS) and Elaine Duke, the Acting Secretary of DHS in the United States District Court for the Northern District of California on similar grounds as the lawsuit filed by the 15 states and the District of Columbia. (See above)