In addition to lawsuits filed by 20 states, the University of California, and the District of Columbia, six recipients of deferred action under the Deferred Action for Childhood Arrivals (DACA) program have filed their own lawsuit.
San Diego attorney Dulce Garcia, who is one of the six Dreamers, will present similar arguments in court.
The legal claims in all of the cases, including Garcia‘s, are similar: that the Trump administration did not follow proper administrative procedure in rescinding DACA, and that making enforcement promises to a group of people, only to revoke them, violates due process.
The Trump administration has said it is ending DACA because Obama overstepped his constitutional authority when he bypassed Congress and created the DACA program unilaterally.
It's important to note that DACA was never declared unconstitutional.
A collection of states led by Texas signed a letter declaring to their intent to challenge the constitutionality of DACA if it wasn't rescinded, but they never did and I don't believe they were ever going to. These states originally declared their intent to sue while President Obama was still in office and they never followed through.
It seems reasonable to think they never would have followed through on their threats even if Trump decided to maintain the program. The truth is the group of states led by Texas benefit greatly from immigrant labor and tax dollars and if they truly believe the program is unconstitutional, they should have challenged it right away.
The same could be said for the Trump regime. If they really believe it's unconstitutional, why is the program technically still in place? DACA recipients have until October 5th to file for renewal and the word is that deadline may be extended.
Does that sound like an unconstitutional program to you?