The ACLU and the American Civil Liberties Union of Southern California have won a class action lawsuit on behalf of a nationwide class of young immigrants challenging the Trump administration’s unlawful revocations of their Deferred Action for Childhood Arrivals status.
These revocations took place without notice or an opportunity for the young immigrants to present their case, even though they followed all program rules and did not engage in any conduct to disqualify them from DACA. The lawsuit, IEIYC & Arreola v. Nielsen, challenges these revocation practices and was filed against officials from the Department of Homeland Security. The lawsuit argues that these revocation practices violate the federal Administrative Procedures Act and the Due Process Clause of the Fifth Amendment to the U.S. Constitution.
The lawsuit alleges that the Department of Homeland Security has a practice of unlawfully and arbitrarily revoking DACA grants and work authorizations based on unproven allegations or low-level offenses such as traffic violations that do not disqualify the individual from the program. DHS has terminated DACA in these cases without any advance notice, any chance to fight the government’s actions, or an opportunity to reinstate DACA when an individual is cleared of any allegations.
Update (02/27/18): A federal judge ruled in favor of three young immigrants and a nationwide class of others like them who have had their DACA status unlawfully revoked by the Trump administration. The court certified a nationwide class and issued a nationwide injunction blocking the administration from terminating class members’ DACA grants and work permits without notice, an explanation, and an opportunity to respond. The court also reinstated the DACA grants and work permits of class members who have already had them unlawfully revoked by the government.
If you or someone you know has had a DACA grant revoked, please contact the ACLU at DACArevoked@aclu.org.