NSBA initiated and, with other leading education organizations, filed an amicus brief on October 4th regarding an upcoming Supreme Court case about rescinding the Deferred Action for Childhood Arrivals (DACA) program (The Department of Homeland Security et al. v. Regents of the Univ. of California et al.).

NSBA is concerned by the impact and legality of rescinding DACA without due process. The Department of Homeland Security’s (DHS) decision did not follow the most basic requirements of reasoned decision-making imposed by the Administrative Procedure Act, especially for long-standing policies such as DACA. It is imperative that the DHS provide due process for DACA and the millions of immigrants the policy impacts. Due process is a fundamental aspect of our system of rulemaking; it must be respected and not undermined by the U.S. Attorney General.

While the question of what is to be done about undocumented children is one that our national leaders hesitate to resolve, the answer is clear for public schools: We educate all of our children, regardless of how they got here. More than 850,000 public school students have benefited from DACA since 2012. It is unacceptable that an end run around the rulemaking process would be used to undermine the future of schoolchildren.

To learn more, please read Department of Homeland Security v. Regents of the University of California (United States Court of Appeals for the Ninth Circuit Court and Writs of Certiorari).