University lawyers preview hearing for DACA lawsuit

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Adrienne Shih/File

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The UC Office of the President, or UCOP, held a teleconference Friday to discuss its ongoing lawsuit against the Trump administration — university representatives will appear before the U.S. Court of Appeals for the Ninth Circuit on Tuesday, May 15.

The UC filed a lawsuit against the Trump administration in September 2017, arguing that the administration’s rescission of Deferred Action for Childhood Arrivals, or DACA, was unconstitutional and in violation of the rights of the university. According to a UCOP press release, the UC was the first university to sue the federal government.

UCOP spokesperson Claire Doan moderated the teleconference, which included attorneys Jeffrey Davidson and Alexander Berengaut, partners from Covington & Burling LLP who are representing the university pro bono on Tuesday.

“We are taking a public stand on behalf of the thousands of dreamers who contribute in so many ways to the university,” Davidson said in the teleconference. “This case is very powerful for them and their right to stay in the United States … fundamentally about whether these young immigrants will be represented as the Americans they are.”

U.S. District Judge for the Northern District of California William Alsup ordered a nationwide injunction on the administration’s rescission of DACA in January, which mandated that the Trump administration must uphold the benefits of the program while litigation surrounding the issue continues.

Berengaut said in the teleconference that this particular case was part of a “broader effort” to challenge the Trump administration’s decision, referring to another federal injunction upheld by U.S. District Judge Nicholas G. Garaufis from the Eastern District of New York and an injunction from U.S. District Judge John D. Bates from the U.S. District Court for the District of Columbia. He added that because the aforementioned judges were appointed by both Democratic and Republican presidents, it is an indication that their case was “not about politics.”

Berengaut, however, also said during the teleconference that these injunctions were not a substitute for legislative action.

“Ultimately, it is only Congress that can enshrine the (DACA) into law,” Berengaut said in the teleconference.

According to Davidson and Berengaut, the federal government’s rescission of DACA went against executive precedent, citing former President Dwight D. Eisenhower, who supported a similar deferred action program 50 years ago.

The decision had also violated the Administrative Procedure Act, or APA, — the “magna carta” of the administration, Davidson said during the meeting. The lawsuit states that APA gives the courts the power to check federal actions that are “arbitrary, capricious … or otherwise not in accordance with law.” According to Davidson, the way the government decided on the rescission was not compliant with the appropriate procedures outlined in the APA, which include a period of public notice and public comment.

Davidson noted that the president’s tweets bargaining the rights of DACA recipients in exchange for the passage of the border wall between the U.S. and Mexico “tell quite a different story” about the administration’s justification for rescinding DACA.

“The government cannot say one thing when the truth appears to be that DACA recipients are used as human bargaining chips,” Davidson said in the teleconference.

Francesca Munsayac is an assistant news editor. Contact her at [email protected] and follow her on Twitter at @fcfm_dc.

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  • Robert Gaebler

    Did you hear about the MIDNIGHT RAMBLER?

    The one you never seen before.

  • Robert Gaebler

    Time for more TOTAL RECALL. Regents of UC? YOU MUST LEAVE US.

    How the heck did you fail to roll on, SFS?

    I guess you must have sucked a rock instead of climbed.

  • Robert Gaebler

    This is called a FALSE CONTROVERSY, churned by the lawyers, who know they cannot win or quickly settle, without profiteering, on a load of churned continuances, to effect deliberate, adverse coercion, to injure persons and public agendas.

  • StanFromSomewhere

    When the UC system has enough money to provide free college educations and hire lawyers to fight the feds on immigration issues, it’s clear they have too much money, and don’t need to be begging alumni or taxpayers for any more than they obviously have.

  • Robert Gaebler

    “Hold on, my putz iss vaiting to be approofed, by The Daily Californian.”

    Whoop-whoop at YOU, from Detroit, DC.

    • StanFromSomewhere

      Well, you’re a nutcase and a troll, filling another forum with unfounded accusations and hysterical rants. What exactly did you expect again? Not to be mean, but you seriously need to seek the services of a mental health professional who can help you deal with your issues.

      • Robert Gaebler

        You aren’t a smart man, are you, SFS. Know who Ah-nold iss?

        How about anyone else in the hood with some iron? NOT YOU, tin-foil hatter.

        • StanFromSomewhere

          Funny how you can accuse anyone else of being a tin-foil hatter when you flood forums with disjointed, semi-coherent screeds not even related to the discussion at hand. Has anyone ever told you that you are mentally ill? I’m sure they have. Maybe you should have someone you know and trust read your posts and tell you what they think of them, maybe they can offer you some insight and advice.

          • Robert Gaebler

            I can see you are SO smug you lived through Ramadan, EVERY CHANCE, so far.

            Day 2 looms. Has anyone ever told you pussywillow Irish you can’t have paddy-melt and wear it, to class? Not Pete Wilson, right?

          • StanFromSomewhere

            Thanks for all the spam-posting there. If anyone had any doubts as to whether you were a deranged fruitcake before those last half dozen posts, you certainly removed them.

          • Ac Black

            Any news about ADZOE MAWULI please?

          • Robert Gaebler

            SFS, you criticized over my remark, re ‘Putz,’ which would be YOU, for not noticing the other famous guy, more famous than I am, posting at Daily Cal.

            Do you want to go to the gym and have anybody in a CAL-affected outfit think badly of you? It seems you missed Mr.Pudzionowski, who is internationally known.

            You don’t like the Patriots, and tell you what. YOU NEED TO LEAVE THE AREA.

            Just saying, but YOU REALLY SHOULD LEAVE.

  • Marius Pudzianowski

    Claire Doan does not fit the cookie-cutter apparent lesbian school official description. She’s genuinely hot.

    I like her. It’s too bad she’s socially superior to me because I am not a liberal or even a democrat.

  • Professor S Freeman

    New York Judge Nicholas G. Garaufis and D.C. Judge John D. Bates are not mentally competent.

    The DACA Program is an Obama Administration Executive Action and is not the law!

    Federal immigration law determines whether a person is an alien, the rights, duties, and obligations associated with being an alien in the United States, and how aliens gain residence or citizenship within the United States. It also provides the means by which certain aliens can become legally naturalized citizens with full rights of citizenship. Immigration law serves as a gatekeeper for the nation’s border, determining who may enter, how
    long they may stay, and when they must leave.

    Congress (Legislative Branch) has complete authority over immigration. https://www.law.cornell.edu/wex/immigration

  • Marty Jocobs

    I wonder who is once again going to pay the legal fees for this? of course the taxpayers. When will politicians and people in general figure out that when you reward illegal immigration with jobs, drivers licenses, discounts in college tuition, scholarships encourages illegal entry. DACA recipients care about one thing, themselves. They have used billions of taxpayer dollars and want more and more.

    There is an estimated 800,000 DACA recipients in the US. That is 800,000 jobs American Citizens don’t have or will be in competition for. So when you hear “we pay taxes…we pay taxes” about “contributions” by illegal aliens taking American jobs, remember that also is at a cost in jobs citizens should have.

    Just some of the costs associated with illegal immigration, we will pass this burden on to our children as has been passed on to us.

    *The cost of educating illegal aliens children is staggering. From K-12 it costs taxpayers $122,000 for
    EACH illegal alien student. This does not include the billions spent on bilingual education for illegal aliens.

    *Currently city, and state officials are appropriating millions of taxpayer dollars for legal fees to to file law suits and in defense of illegal aliens being deported.

    *2012 illegal aliens sent home $62 BILLION in remittances back to their countries of origin. This is why
    Mexico is getting involved in our politics.

    *30% percent of all Federal Prison inmates are illegal aliens.Does not include local jails and State Prisons. At $21,000 per year expense per inmate in Federal Prison U do the math.

    *$3Million Dollars a DAY is spent to incarcerate illegal aliens, I repeat 3 MILLION a DAY to process Illegals in the Criminal justice system.

    *$2.2Billion dollars a year is spent on is spent on food assistance programs such as SNAP (food stamps) WIC, & free school lunches.

    The CBO (congressional budget off ice) estimates it will cost American taxpayers 26 billion over the next
    10years if 1.8 million re legalized.

    • Marius Pudzianowski

      Very good information. Where did you get it?