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U.S. states file lawsuit challenging Trump decision on Dreamers

By Mica Rosenberg

 

People march across the Brooklyn Bridge to protest the planned dissolution of DACA in Manhattan, New York City, U.S. September 5, 2017. REUTERS/Stephen Yang

 

NEW YORK (Reuters) - Fifteen states and the District of Columbia filed a lawsuit on Wednesday challenging President Donald Trump's decision to end protections and benefits for young people who were brought into the United States illegally as children.

 

The multistate lawsuit filed by a group of Democratic attorneys general on Wednesday to protect beneficiaries of the Deferred Action for Childhood Arrivals programme argues their state economies will be hurt if residents lose their status.

 

The lawsuit seeks to block Trump's decision and maintain DACA.

 

The lawsuit claims Trump's decision was "motivated, at least in part, by a discriminatory motive" against Mexicans, who are the largest beneficiary of the programme. It points to his statements from the 2016 presidential campaign.

 

The attorneys general also argue the government has not guaranteed DACA recipients that their application information will not be used "for purposes of immigration enforcement, including identifying, apprehending, detaining, or deporting non-citizens."

 

New York's Attorney General Eric Schneiderman took the lead filing the case in the Eastern District of New York. He said that 42,000 New Yorkers participate in DACA, and the end of the programme will be "devastating" for them and would cause "huge economic harm" to the state.

 

In commenting on the suit, the U.S. Department of Justice noted that DACA was implemented under an executive order by former President Barack Obama, not through congressional action.

 

"While the plaintiffs in today's lawsuits may believe that an arbitrary circumvention of Congress is lawful, the Department of Justice looks forward to defending this Administration's position," spokesman Devin M. O’Malley said.

 

Trump's decision on Tuesday to end the five-year-old programme instituted by former President Barack Obama plunged almost 800,000 young people, known as "Dreamers," into uncertainty. The move drew criticism from business and religious leaders, mayors, governors, Democratic lawmakers, unions and civil liberties advocates.

 

Trump, who delayed the end of the programme until March 5, shifted responsibility to a Congress controlled by his fellow Republicans, saying it was now up to lawmakers to pass immigration legislation that could address the fate of those protected by DACA.

 

But the governor of Washington, whose state joined the lawsuit, criticized Trump for distancing himself from a final decision on the programme.

 

Trump said Tuesday he still has "great heart" for the dreamers.

 

"The president has tried to shirk responsibility for this, but let's be clear, it is his hand on the knife in these people's backs," said Washington Governor Jay Inslee at a press conference announcing the suit. "He can’t just put it on Congress. It is his responsibility to fix this."

 

Other claims in the lawsuit are based on the Administrative Procedure Act, arguing the White House did not follow the correct process in changing the policy.

 

Legal experts have said that court challenges to Trump's actions could face an uphill battle, since the president typically has wide authority when it comes to implementing immigration policy.

 

(Reporting by Mica Rosenberg in New York; Additional reporting by Lawrence Hurley and Doina Chiacu in Washington and Nate Raymond in Boston; Editing by Cynthia Osterman)

 

-- © Copyright Reuters 2017-09-07

[boomerangutang]

Trump said Tuesday he still has "great heart" for the dreamers.

 

What a clumsy statement.  'great heart'  .....does that mean... he likes them or loves them?   Whatever, Trump often says he likes somebody, as a precurser to dropping them.  He did it with his wives, and he did it with Comey, Spicer, Bannon, Gorka, Priebus, and hundreds of others.

 

We're seeing a pattern with the Dufus in Chief: he kneejerks some policy statement intended to please his redneck following.  Then it invariably gets tied up in courts. Back to square one.  Then to square two. Then back to square one. 

Thank Bob, Trump is unable to get anything done - because all his initiatives are harmful to the USA.

[Samui Bodoh]

I am 100% in support of the 'Dreamers'; they did not commit a crime and I do not think they should be punished for the actions of others. Deporting the 'Dreamers' would be a stupid decision on moral, economic, and compassionate grounds.

 

That said, I doubt that this lawsuit will succeed. It is even in the name of the program; "Deferred Action..."

 

The US Congress needs to get its thumb out and pass a law to protect these people. And if Trump is to be believed, he needs to lead the effort to get it done. If not, it would be an act of pure cowardice and stupidity.

 

Edited September 6, 2017 by Samui Bodoh

[DoctorG]

Let's put aside the compassion argument for a moment.

If a President (Obama in this case) can just sign an Act that negates Law then any President (in future) can negate any law, which means Congress is irrelevant, and you now have a dictatorship.

Trump is simply passing this back to Congress to see if they want to turn DACA into an actual law.

[WaywardWind]

13 minutes ago, DoctorG said:

Let's put aside the compassion argument for a moment.

If a President (Obama in this case) can just sign an Act that negates Law then any President (in future) can negate any law, which means Congress is irrelevant, and you now have a dictatorship.

Trump is simply passing this back to Congress to see if they want to turn DACA into an actual law.

President Obama did no such thing. He did not invalidate a single word of existing law. He simply created a program when Congress was at the height of its obstructionist mode, a program which was predictably challenged by his opponents and found to be constitutionally sound and within his executive authority.

[pmarlin]

The dreamers did commit a crime and Obama signed an illegal executive order allowing them to stay . Only Congress can make laws not the executive branch of government.  Trump was only correcting a wrong which was going to be corrected by the courts  any way,  If it came to legal action the result would have been immediate, What Trump did was give them six months and Congress time to fix it.

[Jonnapat]

Another case of sheer vindictiveness against the policies put in place by Obama.

To hell with people's lives, let's just appease the hard right of the Republican party. Disgusting.

[Bill Miller]

4 hours ago, pmarlin said:

The dreamers did commit a crime and Obama signed an illegal executive order allowing them to stay . Only Congress can make laws not the executive branch of government.  Trump was only correcting a wrong which was going to be corrected by the courts  any way,  If it came to legal action the result would have been immediate, What Trump did was give them six months and Congress time to fix it.

This is incorrect. How could minor children commit a crime?
It may be that their parents could be considered to have committed a crime by bringing them to the US, but even that is not a "fact" until the parents have been indicted, tried, and convicted. There is no such thing as an inherently illegal person in the United States, just people who have been convicted of illegal acts subsequent to the judicial process.
How do you maintain that Obama signed an illegal order? It is not illegal until adjudicated as such in the courts, which has not yet happened. What is your legal background to make such a determination?
The same regarding the constitutionality of the program. It was challenged, and was deadlocked {four to four) in The Supreme Court, which means it is not (yet) unconstitutional. 
Sessions claiming it is does not make it so. 

[Guest Jerry787]

http://www.independent.co.uk/news/world/americas/chicago-mayor-trump-free-zone-rahm-emanuel-daca-dreamers-programme-us-president-sanctuary-city-a7931646.html?cmpid=facebook-post

[WaywardWind]

7 hours ago, pmarlin said:

The dreamers did commit a crime and Obama signed an illegal executive order allowing them to stay . Only Congress can make laws not the executive branch of government.  Trump was only correcting a wrong which was going to be corrected by the courts  any way,  If it came to legal action the result would have been immediate, What Trump did was give them six months and Congress time to fix it.

Not so. The majority of undocumented individuals came to the US on a valid visa, and then overstayed its term. That is NOT a crime, but rather a civil violation, the sole punishment for which is deportation. Beyond that, the average age of a DACA participant on arrival was 6 years old - well below the age of responsibility.

 

Only Congress can make laws, not the executive?  Really? How loud did you holler when Trump used his executive authority to enact bans on immigrants and refugees from 6 Muslim majority countries - not once, but twice?

 

And you are dead wrong about the courts invalidating DACA - that has been tried before and the program was held to be constitutional and a valid exercise of executive power.

[JHolmesJr]

I wonder if they would campaign this strongly for all the Dreamers who are actually amercian citizens and in the country legally.

[ilostmypassword]

17 minutes ago, JHolmesJr said:

I wonder if they would campaign this strongly for all the Dreamers who are actually amercian citizens and in the country legally.

Well, since Latinos in the USA vote overwhelmingly for the Democratic party, it's a lot more likely they believe Democrats rather than Republicans would.