Congress Executive Orders Immigration

How to Keep DACA Alive

Has President Trump changed his mind about DACA? He said he would revisit the issue if Congress does not pass the Dream Act and converts DACA into a law within the next six months.

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Either way, at least two lawsuits have been filed against Trump to stop him from ending the program:

    1. Janet Napolitano was the Secretary of Homeland Security in 2012, when DACA was created. As explained in this short video, Napolitano signed the letter establishing DACA and asking immigration officers to comply with this new policy. Ms. Napolitano is now the president of the University of California system and she is suing on behalf of these universities, claiming that President Trump violated administrative procedures when he ended DACA so abruptly. Basically, federal law and constitutional due process rights require the government, before it revokes an important piece of policy, to notify the public in advance and seek comments from the people who are implicated in the policy change. President Trump did not do this.

    2. In New York, Democratic attorney generals from 16 different states filed another lawsuit against Trump. They allege, in part, that President Trump’s action is based on racial hostility against Mexicans – an attitude that everyone could perceive since the time of his presidential campaign. Because most of the DACA recipients are of Mexican origin, the attorney generals claim that the President’s action was arbitrarily directed against them, merely out of hatred because of their national origin.

Likelihood of success of these suits?

It is yet to be seen what will happen with these suits. Many of the arguments made by Napolitano and the attorney generals are legitimate legal claims. However, they are not easy battles. Since DACA was an executive action by President Obama, it never got the official status of a law. Therefore, what one President does… another can undo. Our biggest goal right now should be to convince and pressure Congress to pass the Dream Act and give DACA the official status of a federal law.

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