UPDATE: On August 31, 2018, the U.S. District Court for the Southern District of Texas denied the preliminary injunction requested by the plaintiff states (thus preserving the DACA program). A copy of the court's decision is available at this link.

Lowenstein Sandler authored and filed an amicus brief in State of Texas, et al. v. United States of America, et al., on behalf of New Jersey businesses, associations, and nonprofit institutions, supporting the State of New Jersey’s opposition to Texas’s motion to preliminarily enjoin the Deferred Action for Childhood Arrivals (DACA) program in a case pending in the U.S. District Court for the Southern District of Texas.

DACA is an administrative program established in 2012 that permits certain undocumented individuals who came to the United States as children, and who meet certain criteria, to request protection from deportation for a two-year period and eligibility for work authorization.

Submitted 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 highlights the significant harms to the New Jersey economy and New Jersey businesses that would result if DACA were enjoined and thousands of New Jerseyans suddenly became unable to contribute to the state’s economy by working, attending school, and paying taxes.

Numerous other amicus briefs, including those on behalf of major colleges and universities, religious organizations, health care professionals, legal services organizations, and other states, were filed in support of the State of New Jersey’s position. Additional amicus briefs in support of that position were filed on behalf of current and former law enforcement officials and prosecutors, nationwide companies and organizations, and Texas-based businesses and associations, including several Texas Chambers of Commerce, International Bancshares Corporation, Southwest Airlines. 

Our firm took up the amicus project through the Lowenstein Center for the Public Interest. The Lowenstein team included David Leit, Gavin J. Rooney, and Craig Dashiell.

A copy of the brief is available at this link.