In Re Angelica Villalobos, et al., [Fifth Circuit Court of Appeals]
NEW ORLEANS 鈥 The 老澳门开奖结果, the 老澳门开奖结果 of Texas, and National Immigration Law Center today filed a petition for writ of mandamus before the Fifth Circuit Court of Appeals on behalf of four people impacted by a recent order issued by a federal district court in Brownsville, Texas, demanding the personal data of tens of thousands of Dreamers. The filing was instituted to protect the basic constitutional privacy rights of those who received three-year work authorization permits under the Obama administration鈥檚 Deferred Action for Childhood Arrivals initiative, announced in 2012.
A writ of mandamus allows impacted individuals to initiate a new action in the court of appeals to seek redress from a lower court order.
鈥淵oung immigrants fought for and won the opportunity to come forward and apply for the opportunity to contribute more fully to their communities,鈥 said Marielena Hincapi茅, executive director at the National Immigration Law Center. 鈥淭he district court鈥檚 order causes tens of thousands who applied for the program to live in fear that their private information鈥攁nd information about their friends and families鈥攚ill be used against them. They deserve a voice in the courtroom.鈥
On May 19, U.S. District Judge Andrew S. Hanen ordered the federal government to turn over the names, locations, and other identifiers of tens of thousands of DACA recipients who received three-year work authorizations between November 2014 and February 2015, and who live in one of 26 states involved in a lawsuit, United States v. Texas, currently pending a decision by the U.S. Supreme Court. The lawsuit sought to obstruct the implementation of two Obama administration initiatives鈥擠APA and the expansion of DACA鈥攁nnounced in 2014. The DACA program announced in 2012 was not subject to this lawsuit.
"With this filing, Dreamers are standing up for themselves and their families to try to shut down an outrageous threat to their constitutionally protected privacy rights. The order requiring the federal government to turn over Dreamers' names and private information is legally unjustifiable, and should not survive this challenge," said Omar Jadwat, senior staff attorney with the 老澳门开奖结果's Immigrants' Rights Project.
In February 2015, Judge Hanen issued an overreaching, nationwide injunction to block those two initiatives. However, the original DACA initiative, announced in 2012, is not part of the lawsuit.
鈥淭he rights embodied in our Constitution were designed to protect the most vulnerable members of our society, including young immigrants who only know this country as their own,鈥 said Edgar Saldivar, senior staff attorney for the 老澳门开奖结果 of Texas. 鈥淚f their fundamental privacy protections can be nullified by the stroke of a judge鈥檚 pen in a case to which they are not parties, then everyone鈥檚 privacy rights are threatened.鈥
Angelica Villalobos, a 31-year-old mother of four who lives in Oklahoma, is among the four petitioners included in the petition for a writ of mandamus filed today. Villalobos applied for a renewal of DACA in the fall of 2014 and received a three-year work authorization in November of that year, shortly after the administration announced DAPA and the expansion of DACA.
鈥淲hen I applied for DACA, I trusted the government to keep my personal information confidential,鈥 Villalobos said. 鈥淩eleasing that private information could put my family at risk of harassment by groups and individuals that don鈥檛 like immigrants. I am worried for the safety of my daughters.鈥
Juan Escalante, a 27-year-old resident of Florida, applied for a renewal of DACA in August 2014 and received a three-year work authorization in December 2014. In his application, he Included sensitive information like his social security number, financial information, and the identities of family members.
鈥淭he idea that federal government would turn this information to the district court, and that the district court might turn it over to the State of Florida or other agencies, makes me anxious and fearful, both for myself and for my family, of the possibility that the information could fall into the wrong hands,鈥 Escalante said.
The 2012 DACA initiative allows some young undocumented immigrants who were brought to the U.S. as children to live and work in the country temporarily if they meet certain eligibility requirements. The expansion of DACA and DAPA announced in 2014 built upon the success of that program by extending similar benefits to additional immigrant youth and certain undocumented parents of American children.
Today鈥檚 filing is available at:
/legal-document/re-villalobos-et-al-petition-writ-mandamus
/legal-document/re-villalobos-et-al-petitioners-emergency-motion-stay
/legal-document/re-villalobos-et-al-declaration-karen-c-tumlin-support-petitioners-motion-proceed
/legal-document/re-villalobos-et-al-petitioners-motion-proceed-under-pyseudonym
A recording of today鈥檚 press call announcing the filing is available at: