IMMIGRATION

Established in 2012, DACA permits undocumented individuals who came to the United States as children, and who meet certain criteria, to get work authorization and protection from deportation for renewable two-year periods. In 2018, several states filed a case, State of Texas v. United States, seeking to invalidate DACA. They asked for a preliminary injunction to put an immediate stop to the program, claiming that it violates the Federal Administrative Procedure Act. The State of New Jersey intervened in defense of DACA.

Lowenstein filed an amicus brief on behalf of Audible, Bristol-Myers Squibb, Montclair State University, the New Jersey Business & Industry Association, the New Jersey Chamber of Commerce, Prudential Financial, Sanofi US, and Verizon Communications. The brief highlighted the significant harms that would result if DACA were enjoined and thousands of immigrants suddenly became unable to contribute to the state’s economy by working, attending school, and paying taxes.

The court denied a preliminary injunction, meaning that DACA was at least temporarily saved, and eligible young people can continue to apply for protection under the program. The challengers chose not to appeal but instead to prepare for trial. Meanwhile, appeals are proceeding in other DACA cases.