April 24, 2018

On April 24, 2018, Jenner & Block obtained a significant victory for Princeton University, one of its students, and Microsoft Corporation when US District Judge John D. Bates ruled that the federal government’s plan to end the Deferred Action for Childhood Arrivals (DACA) program was unlawful.  As a result, the government will be required to accept new DACA applications and issue renewals unless the US Department of Homeland Security (DHS) can provide a valid rationale for ending the program or win an appeal within 90 days.  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 that brought the legal challenge has been a beneficiary of the DACA program.

The complaint, filed in November 2017, argued 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.  It further explained that the termination of DACA severely harms DACA-enrolled young people, and “the employers and educational institutions that rely on and benefit from their contributions.”  The court combined the case with a similar lawsuit filed against the government by the National Association for the Advancement of Colored People (NAACP) and other organizations.

Click here to read Princeton University’s statement.

Led by Partners Lindsay C. Harrison and Thomas J. Perrelli, the Jenner & Block team included Partners Ishan K. Bhabha and Sam Hirsch and Associates Benjamin M Eidelson, Alex S. Trepp, Kendall Turner and Jennifer J. Yun.

News of the win has been reported by multiple media outlets, including Chicago Tribune, Financial Times, The Hill, LA Times, Law360, POLITICO, The New York Times and Washington Post.