Brewer

Arizona Dream Act Coalition v. Brewer

Good Law
818 F.3d 901·2016 WL 1358378·2016 U.S. App. LEXIS 6256
United States Court of Appeals for the Ninth CircuitApril 5, 2016No. 15-15307California8,837 words

Opinion

Lead Opinion

Pregerson, J.

Plaintiffs are five individual recipients of deferred action under the Deferred Action for Childhood Arrivals' (“DACA”) program, and the Arizona DREAM Act Coalition (“ADAC”), an organization that advances the interests of young immigrants. DACA recipients ' áre noncitizens who were brought to this country as children. Under the DACA program, they are permitted to remain- in the United States for some period of time as long as they meet certain conditions. Authorized by federal executive order, the DACA program is administered hy the Department of Homeland Security and is consistent with the Supreme Court’s ruling that the federal government “has broad, undoubted power over the subject of immigration and the status of- aliens” under the Constitution. Arizona v. United States, — U.S. -, 132 S.Ct. 2492, 2498 , 183 L.Ed.2d 351 (2012).

In response to the creation of the DACA program, Defendants — the Governor of the State of Arizona; the Arizona Department of Transportation (“ADOT”) Director; and the Assistant Director of the Motor Vehicle Division — instituted a policy that rejected the Employment Authorization Documents (“EADs”) issued to DACA recipients under the DACA…

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