New York v. Trump (DACA)

State of New York, et al. v. Trump et al. (No. 1:17-cv-05228-NGG-JO) is an ongoing lawsuit against the rescission implemented by the Trump administration of the Deferred Action for Childhood Arrivals (DACA) program. At issue are Fifth Amendment protections of due process, information use, and equal protection.

Plaintiffs claim damage in the form of "discriminatory treatment based on their national origin, without lawful justification."

Facts and prior history
The Deferred Action for Childhood Arrivals, or DACA, is a program that protected certain undocumented immigrants who came to the United States as children from arrest or detention based solely on their immigration status while the program was in effect. Obama administration Secretary of Homeland Security Janet Napolitano issued a memorandum establishing DACA on June 15, 2012. Participation was granted for two years with renewal possible. DACA grantees also got work authorizations and were eligible to receive Social Security, retirement, disability benefits, and, in certain states, benefits such as driver's licenses or unemployment insurance.

DACA became a campaign issue in the 2016 United States Presidential election. Republican nominee Donald Trump called for eliminating DACA, while Democratic nominee Hillary Clinton called for protection and expansion of the program. After Trump was elected President, the Acting Secretary of Homeland Security Elaine Duke rescinded the Napolitano memo on September 5, 2017, effectively reminding DACA. The Trump administration then sent the program to Congress for rework within six months.

Following this action, the state of New York filed this lawsuit to maintain the protections extended to DACA grantees and to allow renewal and continued enrollment by eligible children.

Latest developments
The case was reassigned to judge Nicholas G. Garaufis, because it is related to Batalla Vidal et al. v. Baran et al., No. 1:16-cv-4756.

In late September, the parties argued over discovery. On October 19, 2017, Judge Garaufis ordered that the Trump Administration cannot delay discovery, but over a reduced scope of documents.

On December 14, 2017, government lawyers argued that discovery was improper. There was no ruling from the court.

On June 28, 2020, the Supreme Court concluded that Trump’s attempt to end DACA was unlawful, but refused to rule on the merits of the program itself, sending that back to district court, where oral arguments took place in July 2022.