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Teacher v. Trump: How an Educator鈥檚 Lawsuit (Temporarily) Halted the President鈥檚 DACA Repeal

Protesters hold signs demanding a deal regarding the Deferred Action for Childhood Arrivals program (DACA) in Chicago in December 2017. (Bilgin S. Sasmaz/Anadolu Agency/Getty Images)

When the Trump administration announced last fall it would phase out a program that provides deportation relief to thousands of undocumented immigrants who came to the U.S. as young children, Los Angeles teacher Miriam Gonzalez Avila didn鈥檛 want her students to think she could be defeated so easily 鈥斅爏o she sued.

鈥淚 knew signing up as a plaintiff for a lawsuit was going to be a big deal, and I think ultimately the reason I did it was for my students,鈥 said Avila, a seventh- and eighth-grade teacher at Crown Preparatory Academy who also is a Deferred Action for Childhood Arrivals recipient. 鈥淪ince they were the ones who were like, 鈥楽o, Miss, what鈥檚 going to happen?鈥 I didn鈥檛 want them to think that I was just going to do nothing. I told them, 鈥楴o, I鈥檓 going to fight.鈥 鈥

Miriam Gonzalez Avila (Photo courtesy Teach For America Los Angeles)

Then on Tuesday, amid intense negotiations in Washington to decide the fate of DACA recipients like her, Avila received some good news: A federal judge in California ordering the Trump administration to keep DACA benefits in place.

As legal challenges against President Trump鈥檚 2017 decision to phase out DACA work their way through the courts, the government must 鈥渕aintain the DACA program on a nationwide basis,鈥澛 Judge William Alsup, who was appointed to the U.S. District Court for the Northern District of California by then-President Bill Clinton. Though an incremental victory for Democrats and immigrants鈥 rights activists, the Trump administration could appeal the injunction, and the program鈥檚 fate may ultimately be in the hands of the Supreme Court.

Reacting to the news on Wednesday, educators praised the ruling but maintained their call for comprehensive immigration reform as Congress and the president debate a permanent fix.

鈥淲hen I read the email from the legal team, I was kind of in disbelief. I couldn鈥檛 believe it,鈥 said Avila, a Teach for America corps member who was brought to the U.S. from Mexico when she was 6 years old. 鈥淔or me personally, this is a victory that should be celebrated, but I myself will continue to put pressure for a more permanent solution.鈥

Approved by then-President Barack Obama through an executive order in 2012, DACA has provided deportation relief to some 800,000 undocumented immigrants who were brought to the U.S. as young children by their parents, so long as they鈥檙e in school or have jobs. Calling the move an overreach of power, the Trump administration announced in September a plan to rescind DACA within six months, a move that sent shockwaves into schools across the country and drew quick criticism from prominent education leaders.

In her lawsuit, Avila alleges the DACA repeal represents a 鈥渂ait and switch鈥 by the government when it encouraged young undocumented immigrants to out themselves for the DACA program and later revoked those protections.

Also suing the Trump administration are the University of California system and its president, Janet Napolitano, which allege Trump鈥檚 decision to rescind DACA on 鈥渘othing more than unreasoned executive whim鈥 violated the rights of the university and its students. As Homeland Security secretary under then-President Obama, Napolitano created DACA in 2012.

A University of California spokesperson didn鈥檛 respond to a request for comment, but a statement said the university is 鈥減leased and encouraged鈥 by the injunction. 鈥淯nfortunately, even with this decision, fear and uncertainty persist for DACA recipients across California and the nation who want to continue to live, work, learn, and contribute to the country they know as home,鈥 the statement continued. 鈥淚t does not negate, nor lessen, the urgent need for permanent protection through a legislative solution.鈥

Although the judge questioned the government鈥檚 claim that DACA was illegally imposed, Justice Department spokesman Devin O鈥橫alley the ruling does not change the department鈥檚 stance that the program was implemented unilaterally 鈥渁fter Congress declined to extend these benefits to this same group of illegal aliens.鈥

In the order, the judge called out Trump for several tweets and television interviews in which the president appeared to favor protections for DACA recipients. Those tweets, the judge wrote, indicate that DACA鈥檚 continuation is in the public interest.

Terminating DACA 鈥渨ill result in hundreds of thousands of individuals losing their work authorizations and deferred action status,鈥 the judge wrote. 鈥淭his would tear unauthorized workers from our nation鈥檚 economy and would prejudice their being able to support themselves and their families, not to mention paying taxes to support our nation.鈥

Tuesday鈥檚 injunction came amid a day of intense legislative negotiations in Washington, where Trump vowed to sign a 鈥渂ill of love鈥 that spares DACA in exchange for money to build a border wall. While Democrats and immigrants鈥 rights activists have maintained they want a 鈥渃lean Dream Act鈥 that protects DACA recipients without imposing other sanctions, Trump and other Republicans have demanded increased border security.

During those negotiations, however, Trump several times about how he plans to proceed.

Effect in schools

Since DACA鈥檚 repeal, education leaders have warned the change could have a large effect on American classrooms, including the one where Avila teaches. Among the potential challenges are unexpected teacher shortages, since DACA recipients weren鈥檛 required to tell employers they鈥檙e undocumented.

Avila is one of roughly 190 Teach for America educators and alumni who are DACA recipients, said Viridiana Carrizales, the nonprofit鈥檚 managing director of DACA Corps Member Support. Those teachers, she said, serve roughly 10,000 students in 11 states. Beyond TFA, as many as 20,000 DACA recipients are working as teachers in American classrooms.

In conversations Wednesday with DACA teachers, Carrizales said they offered mixed feelings about the news. 鈥淧eople have learned to be cautiously optimistic with everything that is going on,鈥 she said. 鈥淚 know that many of our teachers have been just emotionally distraught by everything that is happening, and although they see things like this as a good sign, they know that potentially this injunction could be challenged by the courts.鈥

Last year, the advocacy group Stand for Children circulated a petition among educators, calling on lawmakers to protect DACA recipients. That petition has garnered signatures from more than 3,600 education leaders, including superintendents from Houston, Denver, and Baltimore. Jonah Edelman, the group鈥檚 co-founder and CEO, warned on Wednesday that the court injunction isn鈥檛 enough.

鈥淚t鈥檚 obviously welcome news and a lifeline for tens of thousands of young people, but the reality remains that Congress needs to resolve this issue once and for all,鈥 Edelman said. 鈥淲e continue to mobilize educators around the country and work in partnership with the incredible groups that are leading on this issue.鈥

Closer to the classroom, , according to a recent Education Week poll: 46 percent of recipients said they 鈥渃ompletely support鈥 DACA, 22 percent said they 鈥渟omewhat support鈥 DACA, while 12 percent said they鈥檙e 鈥渟omewhat opposed,鈥 and 7 percent said they鈥檙e 鈥渃ompletely opposed.” While 91 percent of teachers who voted for Hillary Clinton said they support DACA, 37 percent of Trump voters said the same.

As for Avila, her DACA protections expire in March 2019. Though she plans to continue teaching next year, she said her future is in limbo.

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