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BUSD Joins Plaintiffs in Defending DACA

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Illustration by Siena Laws

Berkeley Unified School District (BUSD) reported that it has joined with several other California school districts and education agencies in a federal lawsuit seeking to block the Trump administration from ending Deferred Action for Childhood Individuals (DACA) on November 14.

The BUSD school board voted unanimously on October 25 to join the other plaintiffs in submitting the case, which was filed on November 1.

The Trump administration formally announced on September 5 that it will end DACA, with President Trump expressing interest in transitioning DACA from an executive action to a law passed by Congress.

The lawsuit is asking the US District Court for the Northern District of California to block the US Department of Homeland Security (DHS) from implementing the announcement to terminate DACA.

According to the lawsuit, as the DACA status of immigrants expires, “…DACA recipients will join the ranks of so many immigrants who have no protection against deportation and are afraid that if they go to school or work, access medical services, or report a crime, they will become targets for deportation.” The lawsuit also argues that DACA program has had a positive effect on both DACA recipients known as ‘Dreamers’ and American society, as Dreamers start businesses that improve the economy and give back to communities after completing their education. Other plaintiffs of the lawsuit include the State of California, the City of San Jose, the County of Santa Clara, Service Employees International Union Local 521, and a number of individuals.

School Board Vice President Judy Appel said that action was called for regarding DACA because “It became increasingly clear [to the Board] that the impact of the Trump administration’s policies would be devastating to BUSD students, staff, and their families.”
Appel stated her conviction that disruptive effects have been playing out in schools due to the termination of DACA. She believes that the uncertainty of many families regarding student immigration status causes stress and trauma for students that can profoundly impact their ability to perform well when learning.

The BUSD school board stated that students need a safe and secure haven in order to get the most out of their education. Appel said that the school board expects that the level of destabilization from the DACA termination will grow if BUSD loses the contributions that DACA educators and staff provide to the school district.

“Any program that similarly threatens the safety and well-being of our students, staff and local families will be met with resistance. We will reiterate the need for a policy that does not cause grievous damage to our community.,” Appel said.

According to Appel, the BUSD School Board will continue to join other plaintiffs in similar lawsuits.

On behalf of the school board, Appel said that they want families who live in fear every day to know that the district stands with them, and that all other families should join them for the sake of the students, the community, and the future.

“In the face of inhumane policies and the vitriol that comes along with them, we stand ready to lead. They should know that we will do everything within our power to protect our children, teach them and give them a sanctuary from bigotry and scapegoating,” said Appel.

Appel also said that the threats from the Trump administration are now a daily presence, which must be addressed.

Appel stated, “To not take any of this fear and destabilization into consideration when pursuing a policy is not only recklessly dehumanizing, but incredibly heartless as well.”