CMSC petitions for an injunction to block the cancellation of DACA's Advance Parole

On September 17, 2017, the California-Mexico Studies Center (CMSC) sent the letter below to Governor Jerry Brown, Attorney General Xavier Becerra and UC President Janet Napolitano, requesting for them to petition in federal court for an injunction that would prevent the cancellation of Dreamers' applications for Advance Parole (AP) under DACA.

 

Notwithstanding that DACA's termination is not effective until March 5, 2018, the U.S. Homeland Security Administration abruptly cancelled DACA's Advance Parole provision without basis or legal foundation, announcing that all pending AP applications will not be considered, and that the $575 fees would be reimbursed.

 

Due to the sudden-death termination of DACA's Advance Parole, the CMSC will not be able to continue the California-Mexico Dreamers Study Abroad Program, which successfully provided the unique opportunity to study abroad in Mexico to over 160 Dreamers since 2014.

 

The CMSC's appeal for an injunction is not only for the applications of 75 Dreamers that were planning to return to Mexico with our Winter 2017 program, it's a claim to reverse a punitive action that affects all AP applications pending that were filed prior to September 5, 2017 by thousands of Dreamers.

 

Given that all our Winter 2017 participants filed their AP applications up to three months prior to DACA's termination on September 5, 2017, and as of today, USCIS has not sent written cancellation of any applications or refunds to our participants, we consider their applications to be valid and protected as the foundation of our plea for an injunction to block the cancelation of DACA's Advance Parole provision.

 

The letter states as follows:

September 17, 2017

 

Governor Jerry Brown

Attorney General Xavier Becerra

UC President Janet Napolitano

 

Re: Request for an Injunction to prevent cancellation of Advance Parole applications  

Dear Governor Brown, Attorney General Becerra and UC President Napolitano,

The termination of DACA by the Trump administration has jeopardized our Winter 2017 California-Mexico Dreamers Study Abroad Program, and I hereby respectfully request your assistance on behalf of the 70 DACA participants in our program that have applied since June 2017 for Advance Parole (AP) approval.

Notwithstanding that DACA’s termination is effective on March 5, 2018, due to the federal government’s capricious decision to terminate DACA on September 5, 2017, the U.S. Homeland Security Administration immediately cancelled DACA’s Advance Parole provision and published in their FAQ’s that all pending AP applications will not be considered, and that the $575 fees would be reimbursed.

Since the State of California and the University of California have filed lawsuits to oppose the termination of DACA, I plea that you file a cause of action with the court, to order an injunction against the Trump administration on behalf of our participants.

As of today, none of our 70 participants have received written cancellation of their applications for AP nor received their refunds.

Thus, an injunction could prevent the hardship and emotional suffering caused upon this group of Dreamers that have complied with all the AP requirements established, and who represent a constituency directly affected by the discriminatory and prejudiced action of the federal government.

Our California-Mexico Dreamers Study Abroad Program has offered to over 160 Dreamers the opportunity to return to their birthplace, conduct ethnographic research on their family’s origins and migration, attend classes and re-enter the U.S. lawfully. To wit, 100% of all 160 of our participants received AP approval for the 6 travel-study programs that we have organized since 2014.

I trust that you will give full consideration to our request and pray that you agree upon its merits.

Respectfully yours,

 

Professor Armando Vazquez-Ramos, President and CEO

The California-Mexico Studies Center (CMSC)

Download the PDF of the letter here: