Court Enjoins Unlawful DACA Revocations, Nationwide Class Certified
Major DACA Victory: Court Enjoins Unlawful DACA Revocations, Nationwide Class Certified (IEIYC & Arreola v. Nielsen)
ACLU, Feb. 27, 2018 - "As part of its anti-immigrant agenda, the Trump administration has been revoking Deferred Action for Childhood Arrivals grants based on unproven allegations or minor offenses that should have no effect on whether a person can protected from deportation under DACA. This policy has caused many young immigrants to lose their permission to live and work in the United States with no notice, explanation or opportunity to respond.
But on Monday night, a federal court in Los Angeles put a stop to the practice, ruling that the government violates its own rules and the Administrative Procedure Act when it terminates DACA status without notice or a chance to contest the government’s actions. The APA is a 1946 law that regulates federal agencies and provides judicial oversight over their behavior.
The court certified a nationwide class and blocked the administration from revoking recipients’ DACA status so long as the individuals had not been convicted of crimes that would disqualify them from receiving DACA protection. The court also ordered the government to reinstate those whose DACA status was unlawfully revoked.
The class action case, IEIYC & Arreola v. Nielsen, was brought by the ACLU and the ACLU of Southern California on behalf of the Inland Empire Immigrant Youth Collective and a class of DACA recipients who have had or will have their status unlawfully revoked."