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California sues Trump's administration over end of DACA

GK86

Homeland Security Fail
Link.

California has filed a lawsuit against the administration of President Donald Trump over its decision to end a program that protects young immigrants brought to the United States illegally as children from deportation.

Democratic Attorney General Xavier Becerra's (HAH-vee-air Bah-sehr'-ah) lawsuit filed Monday makes similar legal arguments to a suit filed last week by 15 states and the District of Columbia. He's joined in his separate suit by attorney generals from Maryland, Maine and Minnesota

The California lawsuit alleges the Trump Administration violated the Constitution and other laws when it rescinded the program.

Becerra told The Associated Press last week that California is filing its own lawsuit because one of every four participants in the Deferred Action for Childhood Arrivals program lives in California.

Applications are being halted and the program will end in six months if Congress does not act.

Edit -

From the LA Times:

”I think everyone recognizes the scope and breadth of the Trump decision to terminate DACA hits hardest here," Becerra said after the other states sued.

Becerra's lawsuit says the DACA program approved by former President Obama is legal and that its repeal violates due process rights and will hurt the state's economy.

”It's fully lawful, it's totally American in its values and it's an unmitigated success for California's economy and the country's economy," Becerra said in a recent interview.

The lawsuit is joined by Maine, Minnesota and Maryland and argues in part that the repeal "may lead to the untenable outcome that the [Trump] Administration will renege on the promise it made to Dreamers and their employers that information they gave to the government for their participation in the program will not be used to deport them or prosecute their employers."
 

jfkgoblue

Member
I don't see a legal argument here that him not resigning a executive order is unconstitutional, no matter how shitty that is.
 

ascii42

Member
I'm interested in what specifically the argument is for why it violated the constitution. The argument for DACA always seemed more of a moral one than a legal one for me.

Edit: seems I'm not alone in that question
 

GK86

Homeland Security Fail
From the LA Times:

“I think everyone recognizes the scope and breadth of the Trump decision to terminate DACA hits hardest here,” Becerra said after the other states sued.

Becerra’s lawsuit says the DACA program approved by former President Obama is legal and that its repeal violates due process rights and will hurt the state’s economy.

“It’s fully lawful, it’s totally American in its values and it’s an unmitigated success for California’s economy and the country’s economy,” Becerra said in a recent interview.

The lawsuit is joined by Maine, Minnesota and Maryland and argues in part that the repeal "may lead to the untenable outcome that the [Trump] Administration will renege on the promise it made to Dreamers and their employers that information they gave to the government for their participation in the program will not be used to deport them or prosecute their employers."
 
So basically they have no legal argument, only moral arguments.

There is little chance this suit passes.

They presumably have the same sort of legal arguments as the earlier suit. There are multiple legal angles they can take here, probably most easily Trump's violation of the Administrative Procedure Act. They could also go after its basic discriminatory elements. (Trump's talk about Mexican rapists etc. makes this an easy argument.)

EDIT: I forgot the obvious Fifth Amendment issues. Duh.
 

jfkgoblue

Member
They presumably have the same sort of legal arguments as the earlier suit. There are multiple legal angles they can take here, probably most easily Trump's violation of the Administrative Procedure Act. They could also go after its basic discriminatory elements. (Trump's talk about Mexican rapists etc. makes this an easy argument.)

EDIT: I forgot the obvious Fifth Amendment issues. Duh.
I just don't see how simply not signing an EO can be considered unconstitutional.
 
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