Dept. of Homeland Security moves to dismiss U. DACA lawsuit

The Department of Homeland Security moved on Nov. 22 to dismiss a lawsuit filed by the University, Microsoft Corporation, and Maria De La Cruz Perales Sanchez ‘18 against the Trump administration. The lawsuit aimed to block the rescission of the Deferred Action for Childhood Arrivals program.

In the motion, the DHS claimed that the plaintiffs misinterpreted the U.S. Constitution as well as federal laws, asserting that “this case should be dismissed.”

The University’s General Counsel Ramona Romero wrote in an email that this kind of filing is not unusual. The federal government has also filed similar motions in other pending DACA cases in California and New York.

Director of Government Affairs Joyce Rechtschaffen ‘75 deferred comment to Assistant Vice President for Communications Daniel Day. University Vice President and Secretary Robert Durkee ‘69 deferred comment to Romero.

The University, Microsoft, and Perales Sanchez filed the lawsuit on Nov. 3 in response to Trump’s decision to end the DACA program. Prior to the beginning of the academic year, President Eisgruber urged congressional leaders to protect DACA enrollees in a letter sent on Sept. 5.

“The Dreamers have held up their end of the bargain [and] have contributed to valuable technological innovations, promising medical and scientific research, and creative artistic endeavors,” the lawsuit states. “But the same cannot be said of the United States.”

The University’s Office of the General Counsel has been the primary legal mediator for the plaintiffs. They supervise and prepare lawyers to direct litigation in court.

Thomas Perrelli, the former U.S. Associate Attorney General, is one of four attorneys who has been working with the lawsuit's plaintiffs. Perrelli approved the lawsuit and signed it at the time of its submission in early November. He will continue to work with the plaintiffs to prepare a response to the Dept. of Homeland Security’s motion to dismiss the case, Romero said.

The plaintiffs have until Dec. 15 to file a response to the dismissal. A motion on the case’s preliminary matters will take place on Jan. 31 in the Washington district courthouse. The Office of the General Counsel anticipates a decision in February, according to Romero and her associate counsel Wesley Markham.