DRM United We Dream Amicus Brief

Case 2:17-cv-00218-RSM-JPD Document 38-1 Filed 02/16/17 Page 1 of 11
EXHIBIT A
1 The Honorable James P. Donohue
7
UNITED STATES DISTRICT COURT
8 WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
9
10 DANIEL RAMIREZ MEDINA,

No. 2:17-cv-00281-RSM-JPD
11 Petitioner,
UNITED WE DREAMS AMICUS
12 v. CURIAE BRIEF IN SUPPORT OF
PETITIONER
13 U.S. DEPARTMENT OF HOMELAND
SECURITY, et al., Note on Motion Calendar:
14
Respondents. February 17, 2017
15
16
I. STATEMENT OF INTEREST
17
United We Dream (UWD) is a national non-profit, non-partisan, membership-based
18
organization comprising more than 300,000 immigrant youth and their allies, with 52 affiliate
19
organizations located in 25 states. UWDs primary purpose is to advocate for the dignity and
20
fair treatment of immigrant youth and their families, regardless of immigration status. Many of
21
UWDs members are beneficiaries of the Deferred Action for Childhood Arrivals initiative
22
announced on June 15, 2012. Because the Government action at issue in this case threatens to
23
undermine the protections afforded by DACAprotections that hundreds of thousands of
24
immigrant youth have relied upon in their most intimate and consequential life decisions
25
UWD has a substantial interest in the proper resolution of the issues presented in this case.
26
27
Davis Wright Tremaine LLP

AMICUS CURIAE BRIEF OF UWD (17-cv-218-RSM-JPD) - 1 L AW O F FI CE S
4843-2313-1203v.1 0050033-000501 1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045
206.622.3150 main 206.757.7700 fax
1 II. INTRODUCTION
2 When the United States Government established the Deferred Action for Childhood
3 Arrivals (DACA) program in 2012, it made a promise to millions of undocumented young
4 people: if they applied for and met the programs eligibility criteria, they could come out of the
5 shadows. The Government assured these young immigrants they would be protected from
6 removal proceedings for a renewable two-year period. But in practice, the programwhich
7 reflected the low priority associated with the removal of certain young people who were
8 brought to this country as children and know only this country as homedid more than
9 guarantee its enrollees a form of lawful status. Memorandum from Janet Napolitano, Secretary
10 of Homeland Security, Exercising Prosecutorial Discretion With Respect to Individuals Who
11 Came to the United States as Children (June 15, 2012). DACA allowed its recipients to access
12 a host of other benefits that would otherwise have remained unavailable to them. These
13 benefits include work authorizations, the ability to obtain a Social Security number and,
14 depending on the state, access to drivers licenses and in-state tuition at public universities.
15 DACA enabled recipients to open bank accounts, apply for credit cards, buy homes and cars,
16 and conduct other aspects of daily life that are often impossible for undocumented immigrants.
17 Put differently, DACA granted its recipients not just a form of liberty, but also access to
18 property.
19 The Fifth Amendment provides that No person shall . . . be deprived of life, liberty or
20 property, without due process of law. U.S. CONST. AMEND. V. This foundational principle
21 applies to all persons within the United States, including aliens, whether their presence here
22 is lawful, unlawful, temporary, or permanent. Zadvydas v. Davis, 533 U.S. 678, 693 (2001)
23 (emphasis added). DACA recipients are no exception. Like all persons in the United States,
24 DACA recipients are entitled to the protections of the Due Process Clause. When the
25 Government made its promise to DACA recipientsand conveyed property rights to them
26 that promise came with the basic safeguards of due process: notice and a hearing as a
27 precondition to any loss of rights. See Mathews v. Eldridge, 424 U.S. 319 (1976).

206.622.3150 main 206.757.7700 fax
1 The Government failed to accord those basic procedural protections to Mr. Ramirez. In
2 spite of its promise not to remove him, the Government summarily revoked Mr. Ramirezs
3 deferred actionwithout notice or a hearingand has detained him. But Mr. Ramirez is not
4 the only victim of the Governments broken promise. In addition to violating Mr. Ramirezs
5 right to due process, the Governments actions have instilled fear and confusion in the hundreds
6 of thousands of DACA recipients who placed their trust in, and organized their lives around,
7 the Governments promise. As evident from the countless success stories of DACA recipients
8 since the programs initiation in 2012, the Governments acts threaten to cause massive
9 disruption to these individuals, their families, and their communities. This brief provides but a
10 small sample of those stories.
11 III. ARGUMENT
12 Through DACA, thousands of young immigrant adults can openly give back to their
13 communities. DACA recipients become teachers, community leaders, and small business
14 owners. They provide for their families, give support to their friends, and are closely knit into
15 the fabric of the lives of those around them. Arbitrarily and abruptly revoking DACA
16 protectionsand their attendant benefitsfor these individuals harms not only the DACA
17 recipient, but their families, and their communities at large.
18 A. DACA Recipients Are Valued Contributors To Their Local Communities1

19 DACA offers thousands of immigrants the chance to succeed in their chosen career and
20 contribute to their communities. Young entrepreneurs like D.A., for example, rely on the
21 benefits of DACA to create and innovate. After D.A. was approved for DACA benefits, she
22 started working at higher paying jobs, which allowed her to save money, and eventually take
23 the risk of starting her own business. With a business partner, D.A. bought a landscaping
24 company, and hired two employees to help her meet demand. In addition, to maximize the
25 potential of the new venture, D.A. also enrolled in classes on small business management at the
26
1
27 For purposes of this brief, all individuals are referred to by their initials only. Complete information for all
individuals described below is on file with Greisa Martinez at UWD.
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1 local community college. As D.A.s company continues to grow and prosper, its success and
2 impact on the community will be closely entwined with the Governments commitment to its
3 promise under DACA.
4 For R.P., DACA provided the opportunity and confidence to become involved with and
5 even lead the individuals in his local community. A Filipino immigrant who came to the
6 United States as a one-year-old, R.P. has lived in the United States almost his entire life. But
7 only after receiving DACA could he truly contribute to his larger community in Georgia.
8 Because of DACA, R.P. accepted a job with a non-profit group assisting Asian immigrants and
9 refugees. And with the drivers license R.P. received as a result of DACA, R.P. is finally able
10 to travel freely and board a plane, a simple right otherwise reserved for those with valid
11 Government identification. The trips R.P. takes are not just for vacation, however. R.P.
12 recently travelled to a Christian leadership conference where he could further develop skills
13 necessary to becoming a leader in his local community. But for DACA, R.P.s ability to
14 openly and deeply involve himself in his community would be dramatically limited.
15 In the Arkansas hospital where he works, the people who meet L.A. do not know him as
16 an undocumented Mexican immigrant; they know him as their nurse. But L.A.s story, and the
17 integral role he plays in the lives of patients in his hospitals cardiovascular Intensive Care
18 Unit, would not have been possible without DACA. In 2010, while L.A. was still a nursing
19 student, the State of Arkansas passed a law making it impossible for any individual to obtain a
20 nursing license without a Social Security card. For L.A., who came to the United States at age
21 seven and lacked formal authorization or lawful status, the requirement was an insurmountable
22 obstacle. That changed in 2013, when the Government granted L.A. temporary lawful presence
23 under DACA. L.A. obtained a Social Security number, received his nursing license, and soon
24 thereafter, was offered his position as a nurse in cardiovascular intensive care. Because of
25 DACA, L.A. was able to fulfill his dream of being able to provide medical care to his
26 community.
27

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1 D.R., a medical student at the Icahn School of Medicine at Mount Sinai in New York,
2 has a similar dream. She is a hard worker (as an undergraduate at the University of California,
3 Berkeley, D.R. worked 30 hours per week as a waitress to support herself through school),
4 incredibly bright (she was a double major in Integrative Biology and Sociology who graduated
5 from Berkeley with a 3.6 GPA), and until DACA, she was undocumented. D.R.s ability to
6 complete a medical residency and be employed as a doctor depends on the work authorization
7 she has because of DACA. The program has allowed D.R. to pursue a goal that would
8 otherwise have been unattainable, and soon, will allow her to serve her community as a doctor.
9 DACA recipients have also made an impact beyond the medical service profession. J.S.
10 arrived in the United States as an 11-year-old to pick grapes in the Central Valley of California.
11 Although he arrived in California with only a third-grade education and spoke no English (and
12 limited Spanish), J.S. applied himself scholastically, testing out of English Language
13 Development classes by the time he was a high school junior. Because he lacked a Social
14 Security number, J.S. was unable to apply to many colleges and for many scholarships.
15 Nevertheless, J.S. worked three jobs to pay his way through community college, and
16 eventually, completed his Bachelors degree. Immediately after being granted DACA and
17 work authorization, J.S.who comes from a family of indigenous Mexican origin that speaks
18 Zapotecused his work authorization to serve state and federal courts as the nations only
19 court interpreter for the Zapotec dialect. In this capacity, he has traveled across California and
20 New Mexico to ensure that Zapotec-speaking defendants are able to understand the legal
21 proceedings in which they are involved. Without J.S.s unique language skills to overcome
22 linguistic obstacles, courts would face further delaysand immigration detainees longer
23 detentions.
24 Just as DACA enabled Zapotec-speaking defendants access to a fluent court interpreter,
25 the program has also given students at an Austin, Texas high school the guidance of a valuable
26 teacher and mentor. A.Z.a high-school salutatorian who graduated from the University of
27 Texas on a full scholarshipteaches Spanish in the Austin Independent School District. But in

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1 addition to teaching the ins and outs of conjugating verbs, A.Z. plans to join a program that
2 prepares underachieving students at her school for college. Through A.Z.s help, her students
3 will be better equipped to pursue their dreams. And for A.Z., teaching is a family affair. When
4 she is not in her classroom, she works with her older brothers, also DACA recipients, as they
5 finish their teaching degrees at the University of Texas. Because of DACA, both A.Z. and her
6 brothers are able to play an important part in the lives of hundreds of students.
7 Like the young immigrants described above, DACA has enabled hundreds of thousands
8 of previously undocumented individuals to improve their lives and also become ingrained and
9 integral parts of their communities. According to one survey, after receiving DACA, 42.5
10 percent of DACA recipients got their first job. Tom K. Wong et al., Results of Tom K. Wong,
11 United We Dream, National Immigration Law Center, and Center American Progress National
12 Survey, at 2 (Oct. 2016), available at
13 https://cdn.americanprogressaction.org/content/uploads/2016/10/21111136/2016-
14 daca_survey_draft_updated-FINAL2.pdf. About 61 percent pursued education opportunities
15 that were previously unavailable to them. Id. at 3. Indeed, 55 percent of DACA recipients
16 surveyed are pursuing undergraduate degrees. Id. at 8. And 12 percent bought a home, 54
17 percent bought a car, and 14 percent paid off some or all their student loans. Id. at 2. For these
18 individuals, DACA has opened a world of financial independence and opportunity that was
19 previously unavailable.
20 B. DACA Recipients Are Integral To The Lives And Livelihood Of Their

Families
21
With the greater job opportunities that come with work authorizations, DACA
22
recipients are better able to shoulder the financial burden for their families. Indeed, over 60
23
percent of surveyed DACA recipients reported that, through DACA, they could make enough
24
money to financially assist their family. Wong et al., supra at 2.
25
But work authorizations are not the only DACA-related benefit that make DACA
26
recipients so important to family life. A drivers licensesomething common to most 16-year
27

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1 old U.S. citizensis a prized commodity to an undocumented household. In the case of V.D.,
2 the drivers license he received as a result of DACA allowed him to drive his father to and from
3 the hospital for necessary appointments after a serious heart attack, and also take care of his
4 disabled younger sister. Beyond the ability to get a drivers license, DACA has provided V.D.
5 with the financial means to take care of his family. V.D., who studies computer science at the
6 University of Illinois, uses the savings from his summer technology jobs to both pay for his
7 tuition and support his family.
8 Like V.D., taking care of his family is P.Z.s biggest responsibility. With
9 undocumented parents suffering from an array of health problems, P.Z.s responsibility was a
10 heavy one, especially as an undocumented immigrant. But thanks to DACA, P.Z. got a job at
11 Twitter, and, more importantly, could give his parents health insurance so they can receive the
12 care they need. And, to fulfill his responsibility to his parents, P.Z. is saving to help them join
13 him in San Francisco.
14 The benefits DACA provides to families are not limited to the families of V.D., P.Z., or
15 the other young immigrants identified in this brief. Hundreds of thousands of DACA recipients
16 use the benefits of DACA, from work authorizations to health insurance, to provide for their
17 families every day. DACA recipients help relieve the stress of ordinary daily tasks that most
18 U.S. citizens need not think twice about. From picking up children at school to paying the
19 cable bill, young immigrants who receive DACA can provide strong, stable support for their
20 families. By claiming the right to abruptly and arbitrarily terminate DACA participation, the
21 Government threatens to undermine the foundations of thousands of families across the United
22 States.
23 C. DACA Recipients are Deeply Engrained in the American Fabric

24 The individuals described above are representative of DACA recipients across the
25 country. Indeed, as of 2016, all fifty states, as well as the District of Columbia and several
26 territories, were home to at least one of the nearly 800,000 recipients of DACA. See infra n.2.
27 Because of DACA, these individualswho were brought to the United States at a young age

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1 from countries across the world2have access to better jobs, better educations, and more stable
2 financial positions.
3 According to one survey, more than two-thirds of DACA recipients were able to find a
4 first job, or a job with better pay, after receiving DACA approval. Wong et al., supra at 2.
5 They have increased their hourly wages by an average of nearly one-third, and many pay taxes.
6 Five percent of DACA recipients surveyed had started their own business. Id. at 2, 3. Over 50
7 percent applied for and received their first credit card, and nearly 50 percent opened a bank
8 account. Id. at 3.
9 DACA offers greater access to higher education. For example, DACA enables
10 students to enroll in public colleges and universities in states like Alabama and South Carolina,
11 which undocumented students are otherwise barred from attending, see Ala. Code 31-13-8;
12 S.C. Code Ann. 59-101-430, and to apply for in-state tuition in Virginia, see Zene Jaimes
13 Prez, How DACA Has Improved the Lives of Undocumented Young People, Center for
14 American Progress, at 4 (Nov. 19, 2014), available at http://ampr.gs/1O7iTHA. In addition, a
15 number of statesincluding Texas, California, and New Yorkallow undocumented
16 immigrants and DACA recipients to attend public colleges and universities at in-state or
17 reduced tuition rates and to receive state and institutional financial assistance so long as they
18 meet certain criteria. Id. Although they remain ineligible for financial aid in many states and
19 under federal programs, DACA recipients can fill out the Free Application for Federal Student
20 Aid, which schools use to determine financial need and eligibility for scholarships and
21 institutional financial aid.
22 IV. CONCLUSION
23 As these stories demonstrate, the revocation of DACA without due process is not
24 merely a constitutional violation. It also threatens to disrupt the lives of individuals, families,
25 and whole communities, all of whom have grown to rely on DACA in organizing their daily
26 2
To date, DACA recipients have come from over 20 countries, including Mexico, Poland, South Korea, and India.
27 U.S. Citizenship and Immigration Services (USCIS), Number of I-821d, Consideration of Deferred Action for
Childhood Arrivals by Fiscal Year, Quarter, Intake, Biometrics and Case Status: 2012-2016 (Sept. 30 2016).
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1 lives. It threatens to remove shopkeepers from their businesses; doctors and nurses from their
2 hospitals; teachers from their classrooms; sons from their fathers homes; and children from the
3 only country they have ever known. Understanding and even expecting that DACA recipients
4 would assume these roles in their families and their communities, the Government created the
5 DACA program and made basic commitments of procedural fairness to its enrollees. For the
6 Government to break its promise now without any due process contravenes the Constitution
7 and, as importantly, tears the fabric of families and communities that have been built upon the
8 Governments promise.
9 DATED this 16th day of February, 2017.
10 By s/ Stephen M. Rummage
Stephen M. Rummage
11
By s/ Ambika K. Doran
12 Ambika K. Doran
13 Stephen M. Rummage, WSBA #11168
Ambika Doran, WSBA #38237
14 Davis Wright Tremaine LLP
1201 Third Avenue, Suite 2200
15 Seattle, Washington 98101-3045
Telephone: (206) 622-3150
16 Fax: (206) 757-7700
E-mail: steverummage@dwt.com
17 E-mail: ambikadoran@dwt.com
18 Of counsel:
19 Anne Y. Lee
Alexander A. Berengaut
20 Ravi Doshi
Ivano Ventresca
21
Covington & Burling LLP
22 One CityCenter
850 Tenth Street, NW
23 Washington, DC 20001-4956
24
Attorneys for United We Dream
25
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206.622.3150 main 206.757.7700 fax
CERTIFICATE OF SERVICE
1
I hereby certify that on February 16, 2017, I electronically filed the foregoing United
2
We Dreams Amicus Curiae Brief with the Clerk of the Court using the CM/ECF system, which
3
will send notification of such filing to those attorneys of record registered on the CM/ECF
4
system. All other parties (if any) shall be served in accordance with the Federal Rules of Civil
5
Procedure.
6
DATED this 16th day of February, 2017.
7
8
Attorneys for United We Dream
9
By s/ Stephen M. Rummage
10 Stephen M. Rummage, WSBA #11168
1201 Third Avenue, Suite 2200
11 Seattle, Washington 98101-3045
12 Telephone: (206) 622-3150
Fax: (206) 757-7700
13 E-mail: steverummage@dwt.com
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Case 2:17-cv-00218-RSM-JPD Document 38-1 Filed 02/16/17 Page 1 of 11

1 The Honorable James P. Donohue

10 DANIEL RAMIREZ MEDINA,

Davis Wright Tremaine LLP

3 Arrivals (DACA) program in 2012, it made a promise to millions of undocumented young

10 of Homeland Security, Exercising Prosecutorial Discretion With Respect to Individuals Who

Davis Wright Tremaine LLP

10 small sample of those stories.

17 recipient, but their families, and their communities at large.

18 A. DACA Recipients Are Valued Contributors To Their Local Communities1

3 promise under DACA.

Davis Wright Tremaine LLP

24 Just as DACA enabled Zapotec-speaking defendants access to a fluent court interpreter,

Davis Wright Tremaine LLP

12 Survey, at 2 (Oct. 2016), available at

14 daca_survey_draft_updated-FINAL2.pdf. About 61 percent pursued education opportunities

20 B. DACA Recipients Are Integral To The Lives And Livelihood Of Their

Davis Wright Tremaine LLP

7 tuition and support his family.

13 him in San Francisco.

23 C. DACA Recipients are Deeply Engrained in the American Fabric

Davis Wright Tremaine LLP

14 American Progress, at 4 (Nov. 19, 2014), available at http://ampr.gs/1O7iTHA. In addition, a

15 number of statesincluding Texas, California, and New Yorkallow undocumented

21 institutional financial aid.

9 DATED this 16th day of February, 2017.

Davis Wright Tremaine LLP

Davis Wright Tremaine LLP

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