People attend a rally protesting against U.S. President Donald Trump's decision to end the Deferred Action for Childhood Arrivals (DACA) program in front of the White House in Washington D.C., the United States, on Sept. 5, 2017. U.S. Attorney General Jeff Sessions said Tuesday the Deferred Action for Childhood Arrivals (DACA) program has been rescinded. The move potentially puts 800,000 illegal immigrants in danger of deportation. (Xinhua/Yin Bogu)
LOS ANGELES, Sept. 8 (Xinhua) -- The University of California (UC), filed a lawsuit in federal court Friday against President Donald Trump's administration for allegedly unconstitutionally violating the rights of the University and its students by rescinding the Deferred Action for Childhood Arrivals (DACA) program on "nothing more than unreasoned executive whim."
The lawsuit, filed in the Northern District of California against the U.S. Department of Homeland Security (DHS) and its acting secretary, Elaine Duke, asks the court to set aside the Trump administration's rescission of DACA because it is "unconstitutional, unjust, and unlawful."
This is the first legal effort by a university seeking to block the Trump administration's recently announced decision to end the DACA program, which has allowed nearly 800,000 young immigrants who were brought to the United States illegally before age 16 to legally live, work and study in the United States.
"As a result of the Defendants'actions, the Dreamers face expulsion from the only country that they call home, based on nothing more than unreasoned executive whim," the complaint reads.
UC President Janet Napolitano said in a statement that the step of suing the federal government was not taken lightly.
"Applicants for DACA were only approved if they were in or had graduated from high school or college, or were in the military, or an honorably discharged veteran. They cannot have been convicted of a felony or major misdemeanor or otherwise pose a threat to national security or public safety," according to the statement.
"It is imperative, however, that we stand up for these vital members of the UC community," said Napolitano. "They represent the best of who we are -- hard working, resilient and motivated high achievers. To arbitrarily and capriciously end the DACA program, which benefits our country as a whole, is not only unlawful, it is contrary to our national values and bad policy."
Napolitano, who was secretary of DHS from 2009 to 2013, created the DACA program in 2012, setting in place a rigorous application and security review process, has said the university is committed to using all available resources to support the thousands of Dreamers who are currently enrolled at UC campuses, as well as other undocumented students.
With 10 campuses, 5 medical centers, 3 national labs, the world's leading public university system educates roughly 4,000 undocumented students, a substantial number of whom are part of DACA, as well as teachers, researchers and health care providers who are DACA recipients, according to UC.
"These individuals make important contributions to University life, expanding the intellectual vitality of the school, filling crucial roles as medical residents, research assistants, and student government leaders, and increasing the diversity of the community," the complaint reads.
"The University faces the loss of vital members of its community, students and employees. It is hard to imagine a decision less reasoned, more damaging, or undertaken with less care. ... Defendants' capricious rescission of the DACA program violates both the procedural and substantive requirements of the APA (Administrative Procedure Act), as well as the Due Process Clause of the Fifth Amendment."
