District Court Dismisses Deferred Action Lawsuit

Posted on 08/29/13

The Anti-DACA lawsuit, Crane vs. Napolitano, has been dismissed by a U.S. District Court. The lawsuit, brought on by Kris Kobach and several ICE officers sought to overturn the government’s Deferred Action for Childhood Arrivals (DACA) program, which gives temporary legal status to young immigrants who meet certain criteria of the DREAM Act.

The case was dismissed on procedural grounds. The judge found that the Civil Service Reform Act bars the court from hearing the complaint. In other words, ICE officers cannot sue the government to stop DREAMers from getting deferred action, or to complain about other policies they disagree with.

The Civil Service Reform Act is a law that governs federal employment disputes. Federal employees cannot sue the government and refuse to do their jobs simply because they do not like a policy. This means that the DACA program remains safe.