Jenner & Block

Firm Files Federal Lawsuit on Behalf of Princeton and Microsoft to Preserve DACA Program

On November 3, 2017, Jenner & Block filed a lawsuit on behalf of Princeton University, one of its students, and Microsoft challenging the federal government’s rescission of the Deferred Action for Childhood Arrivals (DACA) program. The complaint argues that the rescission of DACA violates both the United States Constitution and federal law. The DACA program allows undocumented students who arrived in the country as children to obtain protection from deportation and an opportunity to continue their studies or work in the United States.  The Princeton undergraduate student bringing the legal challenge has been a beneficiary of the DACA program. The complaint argues that Princeton and Microsoft will lose valuable members of their respective communities if the recession of DACA stands. DACA-enrolled students, the complaint states, “are among the most accomplished and respected students studying at the University” and help fulfill Princeton’s educational mission, in which diversity and inclusion play a central role. For Microsoft and its subsidiary LinkedIn, which employ at least 45 DACA recipients and have made significant investments to recruit and develop them, the company risks losing employees who serve in a variety of specialized and significant positions.

The lawsuit, filed by Partners Lindsay C. Harrison and Thomas J. Perrelli, Associates Marina K. Jenkins and Alex S. Trepp and Law Clerk Kendall Turner argues that the government’s actions violate the Due Process Clause of the Fifth Amendment of the US Constitution and its guarantee of equal protection under the law, as well as the Administrative Procedure Act.   

Click here to read Princeton University’s press release.

News of the lawsuit was reported by several media outlets, including The National Law Journal (subscription required) and Law360.