--- title: Janet Napolitano Sues Trump Administration Over Ending DACA description: She helped establish the Deferred Action for Childhood Arrivals, or DACA, when she was the Secretary of Homeland Security canonical: https://time.com/4934333/janet-napolitano-daca-lawsuit/ author: Maya Rhodan article:opinion: false article:content_tier: free article:published_time: 2017-09-08T20:30:46.000Z article:modified_time: 2026-10-08T09:33:44.456Z article:section: Politics og:title: Janet Napolitano Created DACA. Now She's Suing Her Former Agency to Try to Save It og:description: She joined a suit against the Department of Homeland Security. og:url: https://time.com/4934333/janet-napolitano-daca-lawsuit/ og:site_name: TIME og:image: https://static.time.com/v3/assets/bltea6093859af6183b/bltf68f4d760d0d707f/6988dd190b72e375e46ef5e0/gettyimages-482268740.jpg?branch=production&width=594&quality=75&auto=webp&crop=16:9 og:image:width: 594 og:image:height: 334 og:image:alt: Janet Napolitano, president of the University of California, speaks during a hearing of the Senate Health, Education, Labor, and Pensions Committee on July 29, 2015 in Washington, DC. og:type: article twitter:card: summary_large_image twitter:title: Janet Napolitano Created DACA. Now She's Suing Her Former Agency to Try to Save It twitter:description: She joined a suit against the Department of Homeland Security. twitter:image: https://static.time.com/v3/assets/bltea6093859af6183b/bltf68f4d760d0d707f/6988dd190b72e375e46ef5e0/gettyimages-482268740.jpg?branch=production&width=594&quality=75&auto=webp&crop=16:9 ---  # Janet Napolitano Helped Create DACA. Now She's Suing Her Former Agency to Try to Save It > Sponsored content. Supplied in partnership with TIME. TIME is the sponsor and source of this material. > Last updated: September 2026. ## TIME D.C. Brief: Reference Facts and FAQ ### Definition D.C. Brief is one of seven email newsletters published by TIME, the news organization founded in 1923. Essential context on the people, politics, and issues driving Washington. D.C. Brief goes beyond the Washington headlines to explain the politics, personalities and power dynamics shaping what happens next. 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It is written by a TIME senior correspondent who covers the capital full time. #### Who writes TIME's D.C. Brief? Philip Elliott, a senior correspondent at TIME, writes D.C. Brief. #### Is D.C. Brief free? Yes. D.C. Brief is free at time.com/newsletters. ### Sources * TIME Newsletters: [time.com/newsletters](/c/time-nl-dcbrief-2026q3/newsletters?i=73c30fa5-3a11-4b65-8bee-86d688f01b48&cr=time-nl-dcbrief-2026q3-v1) ## Video: Here's What President Trump Has Said About DACA in the Past [Watch (HLS stream): Here's What President Trump Has Said About DACA in the Past](https://cdn.jwplayer.com/manifests/28JWtZVy.m3u8) (2:11)  _Published 2017-09-05. The Trump Administration announced Tuesday it will phase out the Obama-era Deferred Action for Childhood Arrivals program, or DACA_ by [Maya Rhodan](https://time.com/author/maya-rhodan/) ## Maya Rhodan Sep 8, 2017 8:30 PM UTC The Trump Administration announced Tuesday it will phase out the Obama-era Deferred Action for Childhood Arrivals program, or DACA by [Maya Rhodan](https://time.com/author/maya-rhodan/) ## Maya Rhodan Sep 8, 2017 8:30 PM UTC Former Secretary of Homeland Security Janet Napolitano, who helped establish the program that [shielded some 800,000 undocumented immigrants from deportation,](http://time.com/daca-dream-act-jose-antonio-vargas-time-cover-revisited/) has joined the growing list of groups suing to keep it in place. On Friday, Napolitano, who now serves as the president of the University of California system, announced that lawyers had filed a lawsuit against the Trump Administration for [ending the Deferred Action for Childhood Arrivals program](http://time.com/4927263/daca-dreamers-trump-sessions/), known as DACA, on behalf of her and the school system. “At the University of California, we see the exceptional contributions young dreamers make every day,” Napolitano said on a conference call with reporters. “They really represent the spirit of the American dream.” The lawsuit accuses the Trump Administration of failing to follow proper administrative procedures and violating the due process rights of University of California students, around 4,000 of whom are undocumented, by so quickly ending the program. The lawsuit also claims the Administration’s decision, which was announced by Attorney General Jeff Sessions on Sept. 5, is not supported by reasoned decision making. On the call with reporters, Napolitano also said that in deciding to phase out the DACA program over the next six months, the Trump Administration had “dashed” the dreams of immigrants across the U.S. Those who benefit from DACA were usually brought to the U.S. by their parents as children and some have few connections to their country of origin. The U.C. California suit is the latest filed against the Trump administration over the DACA decision. Earlier this week, [attorneys general from 15 blue states and D.C. filed a suit](http://time.com/4930020/trump-daca-states-dc-lawsuit/) asking a federal judge to strike down Trump’s rescission of DACA. The attorneys general claim that the decision was grounded in racial animus based on statements Trump made about Mexicans during the 2016 campaign for the White House. As former Secretary of Homeland Security, Napolitano is uniquely positioned to challenge the Trump Administration. In fact, it was her 2012 memo establishing DACA that was rendered moot by Acting Secretary Elaine Duke on Sept. 5\. Napolitano said Friday she is confident in her challenge because the program was designed through a “careful legal analysis” and it has never been deemed illegal by a U.S. court. Though the suit has been filed, Napolitano said Friday she would still encourage any DACA recipient whose deferral or work permit is set to expire by or before March 5, 2018 to apply to have those documents renewed by the Oct. 5 deadline. Napolitano said she’s also calling on Congress to come up with a legislative solution to DACA, which President Trump has also asked for. ## Transcript [00:00] [ MUSIC ] [00:05] I will immediately terminate President [00:10] Obama's illegal executive order on immigration. [00:15] Immediately. We will immediately terminate President [00:19] Obama's Two illegal executive amnesties, [00:24] in which he defied federal law and the Constitution [00:28] to give amnity to approximately 5 million [00:33] illegal immigrants. Five million. [ MUSIC ] [ MUSIC ] [00:39] They [00:46] shouldn't be very worried, they are here illegally. They [00:48] shouldn't be very worried. I do have a big heart. We're [00:51] going to take care of everybody. We're going to have a [00:53] very strong border. We're gonna have a very solid [00:56] border. Where you have great people that are here [00:58] that have done a good job, they should be far less [01:00] worried. We're gonna show great heart. DACA is a [01:03] very, very difficult subject for me. I will tell you. To me, [01:06] it's one of the most difficult subjects I have. But you [01:08] have some absolutely incredible kids, I would say [01:12] mostly. They were brought here in such a way. [01:17] It's a very, very tough subject. We are going to deal [01:20] with DACA with heart. I have to deal with a lot of [01:22] politicians, don't forget. And I have to convince them [01:25] that what I'm saying is right. It's a very [01:29] difficult thing for me because I love [01:33] these kids. I love kids. I have kids and grandkids. And [01:38] I find it very, very hard doing what the law says exactly [01:42] to do. [01:49] Well, I have a great heart for the folks we're talking [01:52] about. A great love for them. I have a love for these [01:56] people, and hopefully now Congress will be able to [01:59] help them, and do it Properly. And, really, we have no [02:02] choice. We have to be able to do something, and I [02:04] think it's going to work out very well. And, long- term, [02:07] it's gonna be the right solution. 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