Batalla Vidal v. Nielsen, et al.

Amended Lawsuit in New York Challenges Termination of DACA Program


Batalla Vidal, et al. v. Nielsen, et al. (formerly Batalla Vidal v. Baran, et al.)


Briefs, Memos, and Orders Filed with/Issued by the United States District Court for the Eastern District of New York (from latest to earliest):

  • Memorandum of Law in Support of Plaintiffs’ Motion for Preliminary Injunction (filed 12/15/17, PDF). “Unless this Court grants preliminary relief, DACA recipients, their families, and communities will suffer irreparable harm each day that Defendants’ unlawful actions are permitted to remain in place. The imminent harms facing Plaintiffs and the Plaintiff class warrant relief, and both the balance of equities and the public interest weigh in favor of granting it.”
  • Second Amended Complaint (filed 9/19/17, PDF). “Because Plaintiffs and other similarly situated individuals face the imminent loss of their eligibility for DACA status due to Defendants’ unlawful actions, Plaintiffs ask this Court to declare the termination of DACA unlawful and to enjoin its enforcement.”
  • Letter to Judge Garaufis requesting pre-motion conference about adding DACA-related claims (filed 9/5/17, PDF). “In light of today’s announcement by Attorney General Sessions and termination by the Department of Homeland Security (DHS)  of the 2012 guidance establishing  Deferred  Action  for  Childhood  Arrivals (DACA), Plaintiffs seek leave to amend their complaint to add related claims and class allegations and to join additional parties, and, if necessary, to seek emergency or expedited relief.”
  • Amended Complaint (filed 9/29/16, PDF). “Mr. Batalla Vidal and [Make the Road New York] ask this Court to (1) declare that the February 2015 preliminary injunction entered in Texas v. United States does not apply to New York residents; (2) declare unlawful Defendants’ revocation of Mr. Batalla Vidal’s employment authorization, and those of other New York residents; (3) vacate and set aside the unlawful revocations and order the reinstatement of Mr. Batalla Vidal’s three-year employment authorization, and those of other New York residents; and (4) enjoin Defendants from revoking Mr. Batalla Vidal’s employment authorization, and those of other New York residents, on the basis of the injunction in Texas v. United States.”
  • Complaint (filed 8/25/16, PDF)