Thread: DACA participant challenges Trump move in court

DACA participant challenges Trump move in court

Posted: Sep 05, 2017 2:17 PM PDT Updated: Sep 05, 2017 2:52 PM PDT

(File Photo) President Donald Trump is expected to end a program that protected undocumented immigrants who came to the United States as children -- so-called "Dreamers" -- from deportation, four sources familiar with the decision told CNN. Two of the...

President Donald Trump (file photo).

By Ariane de Vogue CNN Supreme Court Reporter

WASHINGTON (CNN) -- An undocumented immigrant from New York rushed to federal court Tuesday to challenge the termination of DACA -- a program protecting young undocumented immigrants brought to the US as children from deportation -- hours after the Trump administration announced its termination.
Martin Batalla Vidal, a current participant in the Obama-era programmed called Deferred Action for Childhood Arrivals, said that "everything has stopped" after the Trump administration's action. He lamented the fact that a program that "changed his life" is now being wiped from the books.

"Dreamers left everything behind, and DACA allowed me to work. Now that's being taken away," he said in a conference call.

He is looking to amend a case was originally filed last year concerning an expansion of DACA that had been struck down. Lawyers say President Donald Trump's actions violate federal law and the equal protection guarantee of the Constitution.

In a letter to US Judge Nicholas G. Garaufis of the US Court for the Eastern District of New York, lawyers for the National Immigration Law Center argue that the termination violated federal law that forbids "arbitrary and capricious" agency action.

"In today's abrupt policy shift, the government has failed to provide a reasoned explanation for disregarding the findings and conclusions that underlay" the 2012 DACA policy," the lawyers write.

They also argued that under the equal protection component of the Due Process Clause of the Fifth Amendment, the withdrawal of the original 2012 memo "constitutes impermissible discrimination based on race."

"The termination of DACA violates equal protection because it was substantially motivated by the animus of the President and administration toward Latinos and Mexicans, the two groups who will overwhelmingly bear the brunt of President Trump's decision to re-impose the threat of deportation on hundreds of thousands of young people who present no threat to national security or public policy," they wrote.

Other lawsuits are expected from immigrant rights groups, and several state attorneys general have threatened to sue.

Attorney General Jeff Sessions said in a Tuesday statement that the decision does not mean that DACA recipients "are bad people or that our nation disrespects them or demeans them in any way."

Instead, he stressed that he felt that he could no longer defend the prior administration's policy because President Barack Obama had exceeded his authority under the law.

"As the attorney general, it is my duty to ensure that the laws of the United States are enforced and the constitutional order is upheld," Sessions said.

He also stressed that it was an issue for Congress to "carefully and thoughtfully review."

Legal experts say that opponents to the decision might have difficulty bringing challenges to the termination in part because the decisions to initiate removal proceedings are generally not reviewable.

"Because President Obama created the DACA program unilaterally through an executive action, a court might rule that President Trump had a legal basis to terminate the program unilaterally," said Stephen Yale-Loehr of Cornell Law School.

"Moreover, courts are often more deferential to immigration executive actions than in other areas because immigration touches on sovereignty and national security," he said.

http://www.kbzk.com/story/36294825/d...-move-in-court

Connelly: WA. State will sue to block 'cruel', 'illegal' end to DACA

Cuomo: N.Y. State will sue feds over ‘Dreamers’ protections ending

They should have announced that it expired by its terms on June 15 and was extended solely to accommodate the simultaneous dismissal of the Texas lawsuit. There may have been lawsuits anyway, I just think that with an expiration it was a cleaner deal. So, here we go, back to the courts. Sigh.

"Dreamers left everything behind, and DACA allowed me to work. Now that's being taken away," he said in a conference call"

------------------------------

Left WHAT behind? We allowed you to work under an illegal memo...you HAD nothing and should have been given nothing.

What did WE take away? You were here illegally for years and years working illegally...LOL

Get them ALL out of here...this one goes to the front of the line.

Open his records, application and find something to deport this person.

Every one of them mouthing off in our streets should be a target for investigation.

Originally Posted by Beezer

"Dreamers left everything behind, and DACA allowed me to work. Now that's being taken away," he said in a conference call"

------------------------------

Left WHAT behind? We allowed you to work under an illegal memo...you HAD nothing and should have been given nothing.

What did WE take away? You were here illegally for years and years working illegally...LOL

Get them ALL out of here...this one goes to the front of the line.

Open his records, application and find something to deport this person.

Every one of them mouthing off in our streets should be a target for investigation.

These are the whiners, the users, the exploiters, the people who think they are above the law, the gypsies, the socialists, the radicals, they make me sick and if I hear Trump or anyone else say another good thing about them, I'm going to puke. The special treatment they are being given and have been given is an insult to the concept of equal protection under the law, all on a fraud, a scam, a hoax, a charade, a farce. They are not children, they all speak their native language, they are all whining adults who need to be deported, not pandered to.

What's going on is disgusting and it will turn whatever sympathy they had from average Americans away from them. They are pests. They have stolen educations, jobs, wages, earnings, livelihoods, welfare, resources and futures from hundreds of thousands of Americans solely because our corrupt government allowed them to do so.

Originally Posted by Judy

They should have announced that it expired by its terms on June 15 and was extended solely to accommodate the simultaneous dismissal of the Texas lawsuit. There may have been lawsuits anyway, I just think that with an expiration it was a cleaner deal. So, here we go, back to the courts. Sigh.

I suppose they didn't report it because it is not true! DACA did not expire on June 15th or on any other date. The program never had an actual expiration/ending date.

If that's true, then these plaintiffs have a case.

Originally Posted by Judy

If that's true, then these plaintiffs have a case.

No they don't because the President has unquestionable and undeniable authority to end the program.

Legal experts say that opponents to the decision might have difficulty bringing challenges to the termination in part because the decisions to initiate removal proceedings are generally not reviewable.

"Because President Obama created the DACA program unilaterally through an executive action, a court might rule that President Trump had a legal basis to terminate the program unilaterally," said Stephen Yale-Loehr of Cornell Law School.

Why did he end the program?

15 states, DC sue Trump administration over ending DACA