University of California, Janet Napolitano v DHS, DACA Complaint
nolu chan
September 14, 2017
http://universityofcalifornia.edu/sites/default/files/UC-DACA-Complaint.pdf
University of California v. U.S. Department of Homeland Security, CAND 3-17-cv-05211, Doc 1, (8 Sep 2017), COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF
Plaintiffs are The Regents of the University of California, and Janet Napolitano, in her official capacity as President of the University of California.
1. This lawsuit, brought under the Due Process Clause of the Fifth Amendment to the United States Constitution and the Administrative Procedure Act (“APA”), 5 U.S.C. § 706, challenges Defendants’ unlawful decision to rescind the Deferred Action for Childhood Arrivals (“DACA”) program, which protected from deportation nearly 800,000 individuals brought to this country as children, known as Dreamers. Under DACA, the Dreamers, who came to the United States through no choice of their own, who have clean records, and who have lived continuously in the United States since 2007, were permitted to live, work, and study in this country without fear of deportation. The United States, and the University, have benefited enormously from the presence of the Dreamers, accomplished young men and women who are our students, and colleagues, and neighbors. They are Americans, a fact that Defendants’ precipitous decision cannot change.
There are only two paths to American citizenship:
- a natural born citizen, one who becomes a citizen at birth.
- a naturalized citizen
protected from deportation nearly 800,000 individuals brought to this country as children, known as Dreamers ILLEGAL ALIENS.
There, fixed it.
From the DACA implementing memorandum of June 15, 2012, by none other than then-DHS Secretary Janet Napolitano herself,
This memorandum confers no substantive right, immigration status or pathway to citizenship. Only Congress, acting through its legislative authority, can confer these rights.
All DACA-eligible persons were/are illegal aliens.
None is a natural born citizen of the United States.
Whether they evaded immigration officials altogether, or overstayed a lawful but time-limited visa, they are not lawfully present in the country.
https://www.irs.gov/individuals/international-taxpayers/immigration-terms-and-definitions-involving-aliens
Illegal Alien Also known as an "Undocumented Alien," is an alien who has entered the United States illegally and is deportable if apprehended, or an alien who entered the United States legally but who has fallen "out of status" and is deportable.
Whether the illegal alien never had status, or has fallen out of status, the only legal path available to attain lawful status is to exit and return lawfully (or some special action by Congress to cange the law).
Those who evaded immigration officials enjoy no municipal status. As a legal fiction, for immigration purposes, they are not considered to have entered the country. The only thing they can do to attain status is to leave the country and return legally.
To be eligible for naturalization one must be:
- an alien
- lawfully present in the United States
Persons not lawfully present in the United States are not eligible for naturalization. Normally, aliens lawfully present can petition for naturalization. In her DACA implementing memorandum, Ms. Napolitano recognized that it would take legislative authority to confer immigration status or a pathway to citizenship for these illegal aliens. It is because they are illegal aliens, and have no lawful status, that current law provides them no pathway to United States citizenship.
As Ms. Napolitano documented with her DACA implementing memo. neither she nor the President of the United States had the authority to convert aliens, unlawfully present in the United States, into United States citizens, or to grant or regulate their immigration status.
They are Americans, a fact that Defendants’ precipitous decision cannot change.
They may be Americans in the generic sense of being citizens of someplace in North or South America other than the United States of America.
The apparent, and deceptive nature of the statement to imply that these illegal aliens are of the United States of America, is but a lie. By the very terms of the DACA policy, they must be from a foreign country.
RELATED:
http://libertysflame.com/cgi-bin/readart.cgi?ArtNum=52708
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