U.S. Supreme Court Preserves Protections for Dreamers

June.18.2020

The U.S. Supreme Court’s decision today preserving the Deferred Action for Childhood Arrivals (DACA) program supports the positions taken in two separate amicus briefs filed by Orrick appellate teams opposing the Trump Administration’s attempt to end DACA’s protections for hundreds of thousands of immigrants who entered the U.S. as children.

In one amicus effort led by partner Kelsi Corkran, we filed a brief on behalf of 36 leading children’s advocacy organizations and child health and development experts, including representatives from states with high numbers of children with DACA parents The organizations include the American Professional Society on the Abuse of Children, the American Academy of Pediatrics, the Center for Law and Social Policy, the Children’s Defense Fund and the March of Dimes.

The brief argued that the Trump Administration failed to consider the harmful impact of DACA rescission on the 256,000 U.S. children with DACA parents. The brief relied on child development research to make the case that loss of DACA protections would harm the long-term health and well-being of children across the country.

“Tonight more than a quarter of a million young children can sleep a little better, knowing that their parents will not be taken from them tomorrow by the Trump administration’s illegal cancellation of DACA,” said Olivia Golden, executive director of the Center for Law and Social Policy (CLASP). “All children and parents deserve the security of knowing that when they wake up, their families will still be together. We applaud the Supreme Court for recognizing the harm this administration would cause and refusing to let them cancel this program illegally, especially during a public health crisis.”

In the other amicus brief led by partners Josh Rosenkranz and Mark Davies, Apple and CEO Tim Cook urged the Supreme Court to leave DACA intact, stressing its importance to the company and the 478 Dreamers who work there. “One of Apple’s core values is the belief that equal opportunities should be available for all, regardless of background,” the brief stated. “The United States is at its best when all people are free to pursue their dreams. Our country has enjoyed unparalleled success by welcoming people from around the world who seek to make a better life for themselves and their families, no matter their backgrounds. DACA is an embodiment of those ideals.”

In addition to Kelsi, the Orrick team for the children’s advocacy groups included associate Melanie Hallums and co-counsel Mary Kelly Persyn of Persyn Law & Policy.

On the Apple amicus brief, in addition to Josh and Mark, the team included senior counsel Tom Bondy and associates Jeremy Peterman, Upnit Bhatti and Aaron Brecher.