4. The University directly benefited from the DACA program, in its capacities as educator and employer. UC has approximately 4,000 undocumented students, a substantial number of whom are DACA recipients. Many of its staff members are also DACA recipients. These individuals make important contributions to University life, expanding the intellectual vitality of the school, filling crucial roles as medical residents, research assistants, and student government leaders, and increasing the diversity of the community.
Well, on an attack for failure to state a claim for which relief may be granted, the problem is that this is not a "benefit" to the University of California, but a burden on the tax-payers of California who support UC through taxes. Furthermore it is well known that entrance into UC is highly competitive and therefore these 4,000 are displacing students who are qualified and cannot attain admission.
Complaint (see post #30) pargraph 5. Agency action is invalid under the APA if it is “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law,” or if it is taken “without observance of procedure required by law.” 5 U.S.C. § 706(2). To survive judicial review under the APA, an agency must “articulate a satisfactory explanation for its action including a ‘rational connection between the facts found and the choice made.’” Motor Vehicle Mfrs. Ass’n of the U.S., Inc. v. State Farm Mut. Auto. Ins. Co., 463 U.S. 29, 43 (1983). In determining whether an agency has complied with this requirement, a court must conduct a “thorough, probing, in-depth review” of the agency’s reasoning and a “searching and careful” inquiry into the factual underpinnings of the agency’s decision. Citizens to Preserve Overton Park, Inc. v. Volpe, 401 U.S. 402, 415–16 (1971). Here, in multiple respects, Defendants failed to “articulate a satisfactory explanation” for their action that would enable a court to conclude that the decision was “the product of reasoned decisionmaking.” State Farm, 463 U.S. at 52.
But the problem here is that DACA is not a regulatory action taken by an agency in accordance with authorities granted by public law, but an extra-legal action. If the agency lacked the discretion to adopt the regulation, then it is void on its face.
Thanks...I scrolled to the end of the complaint to see what they want but your post here says it all in my view.
These people are not a benefit but a huge burden.
ICE should be all over this demanding the names of all these criminals, for deportation.