Homeland Security Unlawfully Ended DACA Protections for Some Dreamers

As part of its anti-immigrant agenda, the Trump administration has been revoking Deferred Action for Childhood Arrivals grants based on unproven allegations or minor offenses that should have no effect on whether a person can protected from deportation under DACA. This policy has caused many young immigrants to lose their permission to live and work in the United States with no notice, explanation or opportunity to respond.

But on Monday night, a federal court in Los Angeles put a stop to the practice, ruling that the government violates its own rules and the Administrative Procedure Act when it terminates DACA status without notice or a chance to contest the government’s actions. The APA is a 1946 law that regulates federal agencies and provides judicial oversight over their behavior.

The court certified a nationwide class and blocked the administration from revoking recipients’ DACA status so long as the individuals had not been convicted of crimes that would disqualify them from receiving DACA protection. The court also ordered the government to reinstate those whose DACA status was unlawfully revoked.

The class action case, IEIYC & Arreola v. Nielsen, was brought by the ACLU and the ACLU of Southern California on behalf of the Inland Empire Immigrant Youth Collective and a class of DACA recipients who have had or will have their status unlawfully revoked.

One of the plaintiffs, Jesús Alonso Arreola Robles, is a 23-year-old resident of the Los Angeles area who was working two jobs, as a cook at the famed Chateau Marmont in West Hollywood and as a driver for Uber and Lyft. Mr. Arreola’s earnings helped support his parents, both of whom are lawful permanent residents, and his three U.S. citizen sisters, one of whom has significant disabilities.

He was arrested by immigration officers in February 2017 while driving a customer and falsely accused of trying to help smuggle people into the United States. Even though an immigration judge promptly rejected the smuggling allegation, and he was never charged with any crime, the government revoked his DACA status and did not give him a chance to explain that his arrest was a mistake and never resulted in a criminal charge.

A second plaintiff, Jose Eduardo Gil Robles, came to the U.S. when he was five and has worked as a baker and at a logistics company in Minnesota. In September 2017, he was charged with a misdemeanor for driving on a cancelled license. The charge is still pending, but even if he were convicted, this is not an offense that would result in DACA revocation. Even so, his status was terminated without any explanation or any opportunity for him to defend himself.

Another young immigrant, Jessica Colotl, was a 28-year-old paralegal in Georgia who had her DACA revoked for no reason. The government claimed that she was an “enforcement priority,” but her only criminal history was a seven-year-old conviction for driving without a license, a minor, non-disqualifying offense that the government had been aware of every time it renewed her DACA status in the past.

The total number of DACA recipients affected by the government’s practice is unknown. The Trump administration said it would be too burdensome to look through its records to determine how many people had their DACA revoked without notice. Now, however, it will have to do just that as the first step toward reinstating DACA for those who were unlawfully terminated.

If you believe your DACA was unlawfully revoked, please contact us at DACArevoked@aclu.org.

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Dr. Timothy Leary

"Can't we all just get along?": Rodney King


How is it they broke the law ? DACA was never a law. Did congress pass it NO, as with DAPA it was against the law for that dummy Obama to over reach his power. Even he said he did not have the power to make it a law, If ACLU would spend more time with matters that concern what they satnd for AMERICAN CIVIL LIBERTY UNION. KEY WORD AMERICAN

Dr. Timothy Leary

Please leave former President Obama alone. He did a good job as president. It is always an enigma to me why people like you are always trying to denigrate him.


That "dummy" Obama was a real President, unlike the fool we have now! "Obama to over reach his power." NOPE, try again trumpster.


I would recommend enrolling in a Law Scool program to clear some of your errors; of course that assumes that you have a B.A. degree and can pass the LSAT, both of which are doubtful.


Dr Leary are you truly acknowledging that president Obama in his actions while creating DACA were legal ...it was not and he did not have authority as he acknowledged. DACA needs to legally resolved by creating a law. There's no egnima here except your dillusion with the truth. Mr Obama actions as president were far from exemplary. Try gun running, IRS attacking business and conservative Groups (recently settled in court). BENGAZI LIES AND COVER UP, selling our uranium to companies interacting with Russia. Telling Russia on an open microphone seen on t.v." tell Vlad that I will have more leeway after my next election" then having a Secretary of state that put us all in danger with her unsecured emails and server kept off ptemise in direct violatuon of condition of her position and then she has lied about most of the facts as they have bern uncovered....all under the presidency of Obama. He wanted to change then country so much and he almost did.. He did not do a good job..my opinion. You obviously disagree, that is your prerogative as my comments and opinions are my prerogative as well

Irish American

Testing the waters.


You're an idiot who can't spell, and who apparently doesn't realize that even non-citizens are guaranteed due process under our Constitution. You say Obama's DACA order is illegal. That would also make Trump's immigration orders, including rescinding DACA, and his bans, etc. illegal. Courts have already ruled on the legality of DACA (Obama won), and the legality of Trump's immigration orders (he lost, a few times, and keeps losing). So be gone troll who knows nothing about the law.


And the uranium wasn't ours when sold. It was Canada's. Again, you know squat.


I don't see how the courts can call the revocation of DACA illegal when it was placed illegally by the fraud in the White House at the time; not to mention the fact he told them it would not be permanent. This has nothing to do with racism or any other thing you who support illegals want to call it, it is a matter of interpretation of and the enforcement of or not the laws on the books.

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