On August 25, 2016, Martín Batalla Vidal, a recipient of Deferred Action for Childhood Arrivals (DACA), filed a federal lawsuit in the Eastern District of New York challenging the reach of the preliminary injunction issued by a federal court in Texas in United States v. Texas.  The Texas case sought to block the implementation of the Obama Administration’s 2014 immigration-relief initiatives, Deferred Action for Parents of Americans Lawful Permanent Residents (DAPA) and an expansion of DACA. On September 29, 2016, the advocacy organization Make the Road New York (MRNY), some of whose members, clients, and employees are DACA recipients, joined the lawsuit.

On September 5, 2017, after Attorney General Sessions announced the administration was terminating the DACA program, Mr. Batalla Vidal and MRNY requested leave to amend their complaint in order to challenge the decision to rescind DACA. The plaintiffs argue that the decision is unlawful under the Administrative Procedure Act and the Fifth Amendment. On February 13, 2018, Judge Garaufis in the Eastern District of New York ordered a nationwide preliminary injunction halting the DACA Termination, ruling that the government’s decision to end DACA was arbitrary and capricious. The government appealed this decision to the Second Circuit, which has approved an expedited briefing schedule.

Five more individual plaintiffs joined the lawsuit in September 2017: Antonio Alarcon, Eliana Fernandez, Carlos Vargas, Mariano Mondragon, and Carolina Fung Feng. These individuals are all young DACA recipients for whom New York is the only home they have ever known. They have all relied on DACA to attend school, get jobs, and provide for their families. However, with the Trump Administration’s termination of the DACA program, these individuals and hundreds of thousands of other young people who have resided in the United States for their entire lives face being stripped of that protection from deportation and their ability to work and live in the United States.  

WIRAC represents six individual plaintiffs and MRNY along with co-counsel MRNY and the National Immigration Law Center.

Order Denying Motion to Dismiss in Part (ordered March 29, 2018)

Order for a Nationwide Preliminary Injunction (granted February 13, 2018)

“Yale Law School Clinics Secure Third Nationwide Injunction” (posted February 14, 2018)

Second Circuit Decision Denying Government Mandamus (ordered December 27, 2017)

Third Amended Complaint (filed December 11, 2017)

Order Denying Motion to Dismiss on Jurisdiction and Justiciability (ordered November 9, 2017)

Op-Ed by Mr. Batalla Vidal (posted September 6, 2017)

Brooklyn Lawsuit Could Affect the Fate of Millions of Immigrants Nationwide” (posted October 9, 2016)