On September 18, 2017, The National Association for the Advancement of Colored People (NAACP), the country’s original civil rights organization, filed a lawsuit against President Trump, Attorney General Jeff Sessions, Homeland Secretary Elaine Duke, U.S. Citizenship and Immigration Services, U.S. Immigration and Customs Enforcement and the Department of Homeland Security, in defense of people of color eligible for Deferred Action for Childhood Arrivals (DACA). 

Cohen Milstein is representing the NAACP in this lawsuit.

Case Background

The NAACP, whose membership includes DACA registrants across the United States, filed this lawsuit to protect hundreds of thousands of Mexican, Caribbean and African immigrants who have been affected by the unlawful termination of the DACA program.

There are approximately 800,000 DACA recipients across the country, and more that would have been eligible for the program had it not been unnecessarily and unconstitutionally cancelled. The vast majority of DACA registrants and those eligible for DACA are people of color. More than 80% of registrants are of Mexican origin according to The Migration Policy Institute. Additionally, about 36,000 immigrants of African origin and over 20,000 youth from Caribbean nations of the Dominican Republic and Jamaica were also eligible for DACA.

The NAACP alleges that the defendants unlawfully reneged on their promise to protect young, undocumented immigrants of color living in the United States. Furthermore, the NAACP alleges that the Trump Administration violated the Due Process Clause of the Fifth Amendment, the Administrative Procedure Act and the Regulatory Flexibility Act.

The case is National Association for the Advancement of Colored People v. Donald J. Trump, in his official capacity as President of the United States, et al., Case No. 1:17-cv-01907, U.S. District Court, District Of Columbia.