Immigration

States File Lawsuit Against Trump’s DACA Order

JM Ashby
Written by JM Ashby

Attorneys general for New York and Washington state have followed through on their threat to file a lawsuit against Trump's order to rescind the Deferred Action for Childhood Arrivals (DACA) program, but they've been joined by many others.

In total, 15 states and the District of Columbia have filed a lawsuit in Brooklyn under the jurisdiction of the Second Circuit Court of Appeals.

In addition to alleging that Trump's order violates the Due Process Clause of the Fourth Amendment, they're also arguing that it violates the Equal Protection Clause of the Fourteenth Amendment.

The states' lawsuit alleges that Trump violated the Constitution's equal protection clause by targeting a cohort that is nearly 80 percent Mexican natives.

Citing Trump's numerous statements disparaging Mexicans as "criminals, thugs, and 'bad hombres,' " Ferguson said Trump has revealed "a racial animus" towards Mexicans: "Ask yourself one question: If the overwhelming majority were Caucasians, does anybody really think he (President Trump) would have taken the action he took?"

The states also argue that their economies will be harmed by the deportation of thousands of students and employees who contribute to their communities and pay taxes.

I don't know if any of these arguments will necessarily hold up, but they're clearly throwing everything they have at it in an effort to see if something will stick.

I believe their claims are legitimate, but whether a federal court will see it that way remains to be seen.

  • muselet

    Washington Attorney General Bob Ferguson, among those suing, says the Trump administration violated the due process rights of the young immigrants by failing to safeguard the personal information they initially gave the government in order to enroll in DACA.

    He fears that the information will be used to locate and ultimately deport the current 800,000 DREAMers and their families.

    That’s not an unreasonable fear. I’ll leave it to actual lawyers to decide if that’s a compelling legal argument.

    Kudos to the attorneys general who brought this suit (and a separate lawsuit is expected soon from California, as well—the more the merrier).

    –alopecia

    • ninjaf

      I believe I read sometime this week that the White House has confirmed that the information given will be used to deport them.