ACE, 43 Other Associations Submit Amicus Brief Urging U.S. Supreme Court to Uphold the Legality of DACA October 04, 2019 Section 1 ContentThe Deferred Action for Childhood Arrivals (DACA) policy “has made it newly possible for countless Dreamers to get a postsecondary education and unlock the potential such an education affords," says an amicus brief submitted today to the U.S. Supreme Court by ACE and 43 other higher education associations. The ACE brief also emphasizes that “DACA has been a symbol of tolerance and openness of our university campuses." It warns that rescinding DACA would broadcast to other foreign-born students and potential students from around the globe a “message of exclusion" and would “irreparably damage the reputation of America's higher education system in the eyes of the world." The Supreme Court is reviewing the Trump administration's decision to end the Obama-era DACA policy, which provides temporary legal status and protection from deportation for nearly 800,000 young people known as Dreamers, undocumented immigrants brought to the United States as children. Oral arguments are set for Nov. 12. The case involves a trio of related disputes, and ACE members Princeton University and University of California are among the parties. The ACE brief was filed in support of lower court decisions that have kept DACA in place after the Trump administration's September 2017 rescission of the policy. DACA has enabled outstanding individuals to be productive members of society. They work, serve in the military, and attend college.“Dreamers are Rhodes Scholars, scientists, and campus leaders; they are sources of inspiration and insight for their peers; and they are unparalleled ambassadors for our schools abroad. In the words of one college president, 'Dreamers set the bar very high academically, inspiring other students to reach higher as well.' Dreamers are also highly productive members of the Nation's economy, contributing over a quarter of a trillion dollars in economic growth, thanks in large part to their ability to earn an advanced education," states the brief, for which Neal Katyal of Hogan Lovells US LLP is lead counsel.But if the Supreme Court allows the administration to end DACA all those gains would be reversed, the brief says.“In an instant, it would send a message of exclusion that would irreparably harm our institutions' ability to recruit and retain foreign-born students. It would tear at the fabric of our campus communities. Most importantly, it would pull the rug out from under the Dreamers themselves, who have upended their lives—taking out loans, earning degrees, and taking the risk of revealing their undocumented status—in reliance on DACA. In the words of one DACA recipient, the rescission would mean that 'all the hard work I have put into my goals would be for nothing, and I would be back to the bottom where I started.'"The ACE brief also speaks to significant legal issues regarding the government's contention that the executive branch's decision to rescind DACA is wholly exempt from judicial review. “Sanctioning that remarkable argument would threaten to immunize from legal scrutiny numerous other major decisions disguised as 'enforcement policies' that impact our higher education system," the brief says.The ACE brief asks the Supreme Court to affirm the lower court judgments keeping DACA in place, saying that, “The Court should not write the Administration a blank check to make this monumental policy choice without even a patina of judicial review. DACA has been an unmitigated good for this country, its higher education system, and the young persons whom it has benefited."DACA BackgroundPresident Obama established the DACA policy by executive action in June 2012. DACA allowed undocumented immigrants who arrived in the United States at a young age to become eligible for a work permit, a Social Security card, a driver's license, and deferred deportation. About 350,000 young people with DACA status are in school or pursuing higher education.The Trump administration rescinded the policy Sept. 5, 2017, but delayed ending it until March 5, 2018. In granting a six-month delay, the president asked Congress to pass legislation to provide a permanent solution for those currently protected under DACA. Congress has not yet acted, but DACA in the years since has been kept alive by court decisions, leaving these individuals in political and legal limbo. In a statement when the Supreme Court took up the case, ACE President Ted Mitchell said it “only underscores the urgent need for Congress to act now to pass a long-term, bipartisan solution to protect Dreamers. Because it could easily be a year before we have a final decision by the Court, this is not an excuse for inaction by lawmakers." The House in June approved legislation—the American Dream and Promise Act (H.R. 6)—that would provide a long-term legislative fix for Dreamers, as well as those with Temporary Protected Status and Deferred Enforced Departure, who have seen their status rescinded and also live in uncertainty. Earlier this year, Sens. Lindsey Graham (R-SC) and Dick Durbin (D-IL) reintroduced the bipartisan Dream Act of 2019 (S. 874), a bill that would allow many Dreamers to earn lawful permanent residence in the United States and a path to citizenship, but the Senate so far has failed to take action on either this or the House-passed bill. Dreamers Advocacy EffortsACE sent a letter in June on behalf of 43 organizations to Majority Leader Mitch McConnell (R-KY) and Minority Leader Chuck Schumer (D-NY) requesting they make passage of legislation providing permanent protections for Dreamers a priority. Most recently, more than 600 college and university presidents signed their institutions on to a letter sent to Capitol Hill Sept. 16, urging Congress to act now on protecting Dreamers, and not to wait for the Supreme Court to decide the issue. The letter, organized by ACE with assistance from a number of other higher education associations, urges lawmakers to “come together on a bipartisan basis to address this challenge by doing the right thing for these outstanding young people and for our country."For more information on DACA and Dreamers, see the Protect Dreamers Higher Education Coalition webpage.Note: Dreamers is shorthand for undocumented young people brought to the United States as children and raised as Americans, named for the DREAM (Development, Relief, and Education for Alien Minors) Act first introduced in Congress in 2001 but never enacted. Some—but not all—of these individuals have DACA status. Section 2 Content Section 3 Content Section 4 Content Section 5 Content Section 6 Content Button Content Rail Content 1Related ContentAmicus Brief to the U.S. Supreme Court on DACA CaseProtect Dreamers Higher Education CoalitionDedicated to housing information and resources to help campus leaders, staff, faculty and students advocate to Congress on behalf of Dreamers, young people brought to the United States as children and raised as Americans but living under threat of deportation.Hundreds of Colleges and Universities Sign Letter Urging Congressional Action to Protect Dreamers Rail Content 2 Rail Content 3 Related Podcast February 17, 2023 In this live episode, hosts Jon Fansmith and Sarah Spreitzer take audience questions on a range of topics, from the Education Department moving quickly on new regulations to the House hearing on the “crisis” in American education to ChatGPT. Read More Podcast February 17, 2023 dotEDU Live: New Rules from ED, Culture War Rhetoric Ramps Up, the End of the COVID Emergency, More News February 6, 2023 The Biden administration announced last week that it will end the COVID-19 national and public health emergencies on May 11. Read More News February 6, 2023 COVID State of Emergency Ends in May; Federal Pandemic Aid was Key to Supporting Students Podcast January 26, 2023 House Republicans have announced committee assignments and are already talking oversight hearings, and the debt ceiling debate begins. The hosts also discuss ED’s aggressive regulatory agenda for 2023. Read More Podcast January 26, 2023 What the New Congress and Biden Administration Have in Store for Higher Ed in 2023 Statement December 21, 2022 We condemn in the strongest possible terms the decision by the government of Afghanistan to ban women from studying at all public and private universities. Read More Statement December 21, 2022 Statement by ACE President Ted Mitchell on Afghan Government Banning Women from Higher Education Podcast December 21, 2022 Hosts Jon Fansmith and Sarah Spreitzer are joined by ACE Senior Vice President Terry Hartle to discuss the federal policy developments in 2022 that impacted students and higher education institutions. Read More Podcast December 21, 2022 The Year in Higher Education Policy Webinar Listen to the last Public Policy Pop-Up of 2022. ACE’s government relations team reviews what was a significant twelve months for students and higher education institutions. (Recording available.) Read More Webinar Public Policy Pop-Up: The Year in Higher Education Policy Podcast December 8, 2022 Political activist Tyler Montague and ACE’s Derrick Anderson visit the podcast to talk about Arizona’s newly passed Proposition 308, which gives in-state tuition for non-citizen residents of the state. Read More Podcast December 8, 2022 States Step in as Federal Action on Dreamers Goes Nowhere News November 18, 2022 ACE and over 60 other higher education associations sent a letter Nov. 17 to House and Senate leaders urging them to make protecting Dreamers and the DACA program a priority, given recent court decisions declaring DACA illegal. Read More News November 18, 2022 ACE, Higher Ed Groups: Pass Legislation Now to Protect Dreamers News November 1, 2022 The Supreme Court heard nearly five hours of oral arguments Oct. 31 in cases brought by Students for Fair Admissions against Harvard and UNC seeking to overturn some four decades of precedent allowing the consideration of race in college admissions. Read More News November 1, 2022 Supreme Court Hears Race in College Admissions Cases Podcast October 27, 2022 In this bonus episode, Jess Ellsworth drops by the podcast to talk about how attorneys prepare for an appearance before the U.S. Supreme Court. She also describes the significant public service role that the Moot Court Program at Georgetown. Read More Podcast October 27, 2022 BONUS: Prepping for a Supreme Court Hearing Starts at Georgetown Podcast October 27, 2022 Pace University President Marvin Krislov and ACE General Counsel Peter McDonough join host Jon Fansmith for a preview of the Oct. 31 Supreme Court oral arguments on race in college admissions. Read More Podcast October 27, 2022 What to Watch For in the Oct. 31 Supreme Court Hearing on Race in College Admissions News October 17, 2022 The 5th U.S. Circuit Court of Appeals ruled yesterday that the Obama-era Deferred Action for Childhood Arrivals (DACA) program was not lawful but preserved the district court’s stay, which permits current enrollees to continue renewing their status. Read More News October 17, 2022 Appeals Court Says DACA Is Illegal but Keeps Program Alive Statement October 6, 2022 We are dismayed that this ruling by the Fifth Circuit Court of Appeals continues to force hundreds of thousands of outstanding young Dreamers to live in fear and uncertainty. Read More Statement October 6, 2022 Statement by ACE President Ted Mitchell on Fifth Circuit Court of Appeals DACA Ruling Podcast September 29, 2022 Jon Fansmith and Terry Hartle are back to give their predictions for what Congress will dive into this fall before they adjourn ahead of midterm elections, including a continuing resolution to fund the government through the end of the year. Read More Podcast September 29, 2022 Higher Ed Policy Predictions for the Fall News September 19, 2022 Despite the increasingly difficult voting processes in a number of states in the wake of the 2020 election, students are voting in numbers like never before. 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Read More News August 9, 2022 College Leaders Express Concern About the Impact of Supreme Court Ruling Overturning Abortion Rights Statement August 1, 2022 The outcome of these cases will have a profound and direct impact on our nation’s colleges and universities, their students, and, ultimately, this country’s global competitiveness. Read More Statement August 1, 2022 Statement by ACE President Ted Mitchell on Importance of Supreme Court Continuing to Recognize the Legality and Value of Race-Conscious Admissions Policies News August 1, 2022 The associations are calling on the U.S. Supreme Court to reject calls for a so-called “race-neutral” regime made in lawsuits filed by the activist group Students for Fair Admissions challenging the admissions processes of Harvard and UNC. Read More News August 1, 2022 ACE Leads Nearly 40 Associations Urging the Supreme Court to Reaffirm the Legality and Value of Race-Conscious Admissions News June 13, 2022 June 15 marks 10 years since President Barack Obama announced an executive memorandum creating DACA, an initiative that has provided some protection and work authorization for over 800,000 undocumented immigrants brought to the United States as children. Read More News June 13, 2022 DACA Is Now 10 Years Old. What Does the Future Hold?