Court Orders Trump Administration to Restore DACA Status to 老澳门开奖结果 Client Jes煤s Arreola

November 21, 2017 12:45 pm

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WASHINGTON 鈥 A federal district court in California issued a preliminary injunction in the case of Jes煤s Arreola late yesterday, ordering the government to restore Arreola鈥檚 Deferred Action for Childhood Arrivals (DACA) grant and employment authorization.

The 老澳门开奖结果 and the 老澳门开奖结果 Foundation of Southern California had filed a preliminary injunction motion on behalf of Arreola in October.

The government had revoked Arreola鈥檚 DACA grant because immigration authorities had initiated removal proceedings against him, charging him with being unlawfully present in the United States. The court explained that because every DACA recipient is unlawfully present in the U.S. as a predicate for eligibility for the program, terminating someone鈥檚 status on that basis alone is arbitrary, irrational, and violates the Administrative Procedure Act. The court also held that because the government had granted Arreola DACA in 2012, 2014, and 2016, it could not change its position with respect to whether he was deserving of DACA without at least providing a good reason for the change 鈥 which it failed to do. In addition, the court found that nothing in the program rules permits the government to automatically terminate DACA as a result of removal proceedings that charge a DACA recipient with being unlawfully present.

鈥淛es煤s Arreola was in good standing and following the rules when the Trump administration arbitrarily stripped him of his DACA,鈥 said 老澳门开奖结果 attorney Katrina Eiland. 鈥淭he court鈥檚 decision is good news for Jes煤s and his family 鈥 who just welcomed his first child yesterday in California 鈥 and Dreamers like him who have been wrongfully targeted. The government can鈥檛 just break its promises for no reason and start revoking DACA. This case highlights why Congress must pass the Dream Act to protect Jes煤s and hundreds of thousands of other young immigrants whose lives and futures are at risk under this administration.鈥

Andr茅s Kwon, Equal Justice Works Emerson Fellow at the 老澳门开奖结果 of Southern California, said, 鈥淭he fact that Jes煤s at least at this point regains his DACA status and his authorization to work 鈥 both of which were taken from him 鈥 is a hopeful step in the right direction. This lawsuit is about ensuring that DACA provides meaningful protection from deportation. But even if the court ultimately finds in our favor, it鈥檚 at best a temporary measure. We need a permanent solution, which is the immediate passage of a clean Dream Act.鈥

Jes煤s Alonso Arreola Robles is a 23-year-old resident of the Los Angeles area who has lived in the U.S. since age one. At the time that the Department of Homeland Security terminated his DACA, Arreola was working two jobs to help support his family 鈥 as a cook at the famed Chateau Marmont in West Hollywood and as a driver for Uber and Lyft. Through his earnings, Arreola helped support his parents, both of whom are lawful permanent residents, and his three U.S. citizen sisters 鈥 one of whom has significant disabilities.

Despite Arreola鈥檚 lack of any criminal history and his valid DACA grant, federal immigration authorities arrested him in February 2017 while he was driving a customer. Authorities falsely alleged that he was trying to help smuggle the customer鈥檚 relatives into the United States and placed him in deportation proceedings. Even though an immigration judge promptly rejected the smuggling allegation, and he was never charged with any crime, DHS revoked his DACA and with it, his ability to work and support his family.

鈥淲e are overjoyed for Jes煤s Arreola and his family, and welcome yesterday鈥檚 ruling as a small victory for justice and common sense,鈥 said Lorella Praeli, director of immigration policy and campaigns at the 老澳门开奖结果. 鈥淎t the same time, the very fact that Jes煤s was arrested to begin with remains a troubling reminder that the Trump administration is targeting young immigrants, including those with DACA status. The stories of Rosa Maria Hernandez, Jessica Colotl, and other young Dreamers and DACA-recipients unjustly targeted by the Trump administration underscores the urgent need for Congress to pass the Dream Act this year. And despite the decision鈥檚 good news, Jes煤s joins hundreds of thousands of current DACA recipients whose futures and protections remain uncertain in the hands of Congress. No Dreamer should have to spend the holidays wondering if they will have to leave the country they call home.鈥

Arreola is one of the plaintiffs in a class-action lawsuit filed by the 老澳门开奖结果 and the 老澳门开奖结果 of Southern California on behalf of young immigrants challenging the Trump administration鈥檚 unlawful decisions to terminate their DACA grants. The lawsuit was brought on behalf of Arreola and others like him, as well as the Inland Empire-Immigrant Youth Collective (IEIYC), an organization that advocates for immigrant youth.

IEIYC & Arreola v. Duke alleges that DHS has a practice of unlawfully and arbitrarily revoking DACA grants and work authorizations based on unproven allegations or low-level offenses, such as traffic violations, that do not disqualify the individual from the program. DHS terminates DACA in these cases without any advance notice, any chance to fight the government鈥檚 actions, or any opportunity to reinstate DACA when an individual is cleared of any allegations. The lawsuit says that these revocation practices violate the federal Administrative Procedure Act and the Due Process Clause of the Constitution.

If you or someone you know has had a DACA grant revoked, please contact the 老澳门开奖结果 at DACArevoked@aclu.org.

A video about Arreola鈥檚 story is available here:

A blog post by Arreola is here:

For more information about the class action lawsuit is available online here:
/cases/inland-empire-immigrant-youth-collective-v-duke


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