HomeMy WebLinkAbout1CC OCRCITY COUNCIL STAFF REPORT
DATE: November 12, 2020 CONSENT
SUBJECT: REQUEST BY CITY OF LOS ANGELES TO JOIN AN AMICUS CURIAE
BRIEF, FILED ON BEHALF OF STATE OF NEW JERSEY, MEXICAN
AMERICAN LEGAL DEFENSE AND EDUCATION FUND (MALDEF),
AND OTHERS, TO DEFEND THE DEFERRED ACTION FOR
CHILDHOOD ARRIVALS (DACA) PROGRAM, IN TEXAS V. UNITED
STATES OF AMERICA ET AL., U.S. DIST. CT., S. DIST. OF TEXAS,
CASE NO. 1:18-CV-00068.
FROM: Jeffrey Ballinger, City Attorney
BY : City Attorney Department
SUMMARY
This is a request from the U.S. Conference of Mayors to join an amicus curiae ("friend of
the court") brief being filed by the City of Los Angeles, in support of the Mexican
American Legal Defense and Education Fund (MALDEF) and the State of New Jersey,
to defend the Deferred Action for Childhood Arrivals (DACA) program.
RECOMMENDATION:
1. Approve the City of Palm Springs joining as amicus curiae brief filed by the City
of Los Angeles in the following case: Texas v. United States, et al., U.S. Dist. Ct.,
S. Dist. of Texas, Case No. 1: 18-CV00068; and
2. Authorize the City Attorney to sign on to such brief on behalf of the City of Palm
Springs.
STAFF ANALYSIS:
During its last session, the United States Supreme Court ruled, in a series of cases, that
the Trump administration's reversal of the DACA program was reviewable by courts and
that the Department of Homeland Security failed to consider two separate but important
issues in acting to rescind DACA. The City of Palm Springs signed on to an amicus
brief in that United States Supreme Court case.
City Council Staff Report
November 12, 2020 --Page 2
DACA Amicus Curie Request (Texas v. United States)
In a separate lawsuit, the State of Texas (along with Alabama, Arkansas, Louisiana,
Nebraska, South Carolina and West Virginia) challenged whether the 2012 executive
action by President Obama creating the DACA program was itself legal.
The Mexican American Legal Defense and Education Fund (MALDEF) and the State of
New Jersey have separately intervened in this case, and New Jersey has recently
requested amicus support in the case . In response, the City Attorney's Office in Los
Angeles is drafting a brief for cities to sign onto, and through the U.S. Conference of
Mayors, the City of Palm Springs has been asked to sign on to this amicus brief.
The cities' amicus brief will focus on the legality of work authorization, a line of defense
that responds to Justice Alito's question to the federal government during the Obama
Administration in the original Deferred Action for Parents of Americans and Lawful
Permanent Residents (DAPA) program case: "How can it be lawful to work here but not
lawful to be here?"
The brief is due on Friday, November 13, 2020, and so the deadline to respond is
November 12, 2020 at 7:00pm (Pacific Time).
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION:
The proposed action (signing on to an amicus curie brief) is exempt from environmental
review requirements of the California Environmental Quality Act ("CEQA") pursuant to
Section 15061 (b )(3) of Title 14 of the California Code of Regulations, as there is no
possibility that the joining in the amicus brief will have any effect on the environment.
FISCAL IMPACT:
The request to join the amicus brief will not have any fiscal impact to the City . The City
Attorney's review and participation in the briefing will fall within the City's legal services
retainer amount.
City Attorney
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