In summary
As DACA faces a threat of extinction and its participants scramble to determine what to do if those protections disappear, Janet Napolitano and UC are suing the Trump administration to try to save it.
When University of California President Janet Napolitano led the U.S. Department of Homeland Security in 2012, she created DACA, the federal program that safeguards nearly 800,000 young immigrants from deportation.
Now, as the program faces a threat of extinction and its participants scramble to determine what to do if those protections disappear, sheās suing the Trump administration to try to save it.
Attorneys for Napolitano and the stateās vast public university system filed a lawsuit Friday in federal court, calling the Trump administrationās plans to end DACA, the Deferred Action for Childhood Arrivals program, āunconstitutional, unjust and unlawful.ā
In a statement, Napolitano acknowledged the unusual circumstances surrounding the moveāsheās suing the very agency she once ledābut she said itās imperative to stand up for DREAMers, whom she describes as āvital members of the UC community.ā

āThey represent the best of who we areāhard-working, resilient and motivated high achievers,ā Napolitano said. āTo arbitrarily and capriciously end the DACA program, which benefits our community as a whole, is not only unlawful, it is contrary to our national values and bad policy.ā
UC enrolls about 4,000 undocumented students, a substantial number of whom are protected by DACA. These young people were either illegally brought to the U.S. by their parents when they were children, or lost legal status when their families remained after their international visas expired.
Earlier this week, U.S. Attorney General Jeff Sessions announced plans to wind down the program in six months unless Congress acts to protect the participants. Later Trump himself took to Twitter to suggest he didnāt consider the case closed:
Congress now has 6 months to legalize DACA (something the Obama Administration was unable to do). If they canāt, I will revisit this issue!
ā Donald J. Trump (@realDonaldTrump) September 6, 2017
To prepare UCās complaint, the first filed by a university since Sessionsā announcement, the system got pro bono help from former Obama administration Attorney General Eric Holderās law firm Covington and Burling, which the Legislature hired earlier this year as a consultant.