Vidal v. Nielsen (New York v. Trump) Preliminary Injunction Order

NSBA is pleased to report that a federal district court judge in New York has issued a nationwide preliminary injunction in Vidal v. Nielsen (New York v. Trump), a case in which NSBA and other national educational organizations filed an amicus brief supporting plaintiffs challenging the DACA rescission.  The judge ordered the administration to resume processing renewal requests under the Deferred Action for Childhood Arrivals (DACA) program until the full case is resolved. The ruling acknowledges the irreparable harm to be suffered by employees who will lose their employability and health insurance coverage, putting strains on state healthcare systems, and that the DACA rescission would have “profound and irreversible economic and social implications.”

DACA was established in 2012 by then DHS Secretary Janet Napolitano.  In September, 2017, the current administration rescinded the DACA program, leading to advocacy groups and states to challenge that rescission in federal court. 

Consistent with NSBA policy statements affirming the importance of equitable access to educational opportunities regardless of immigration status, the NSBA amicus brief focused on the ways DACA has motivated young people to stay in school, further their education and choose productive careers, including in public schools. The brief notes the detrimental effects that rescinding of the DACA program has on K-12 schools by creating fear and insecurity for many public school students and for those DACA grantees who have chosen to give back by working as public school teachers and support staff.

The New York ruling is the second to be issued by a federal judge this year.  A federal judge in California made a similar ruling in January, leading the federal government to begin processing DACA renewal requests at that time.

NSBA’s amicus brief in this case is available at

See link below for recent NSBA Legal Guide (Oct 2017) to help school leaders and districts.

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