Immigration

University of California Files Lawsuit Against Trump’s DACA Order

JM Ashby
Written by JM Ashby

Here's an interesting twist I hadn't anticipated: the latest party to file a lawsuit against Trump's order to rescind the Deferred Action for Childhood Arrivals (DACA) program is a state university.

The University of California is challenging Trump's order on the grounds that it violates due process.

UC also focuses on the fact that the administration pinned its decision on an anticipation that DACA could be overturned in court, responding to an ultimatum from 10 conservative state attorneys general that threatened legal action if the administration did not act.

Attorneys for UC argue that that justification is not enough of a "reasonable explanation" for ending the program. The university also cites its own due process rights, in addition to those of the recipients, that it says were violated by removing a program that is already in effect.

Like all federal regulations, there is a process for drafting and implementing new policies even if they're delivered by an executive order. Orders and directives are shuffled through a vetting process to ensure legality and allow for input from relevant parties, but each lawsuit filed against Trump's order contends this process never took place.

That doesn't necessarily mean the order is illegal or unconstitutional, but plaintiffs are using every possible angle available to create space for a proper vetting process to play out in court, in public, and in Congress.

Even if Trump's DACA order did go through some form of vetting process, that also doesn't mean the order is legal or constitutional. Trump does employ some of the finest assholes in the country to do his vetting.

It's notable that the president of the University of California system is Janet Napolitano, the former secretary of the Department of Homeland Security; the department responsible for DACA.

I would say she understands the process and applicable law better than anyone in the Trump regime including Attorney General Jeff Sessions. Sessions couldn't even announce that DACA would be rescinded without lying.

  • Tony Lavely

    “…Attorney General Jeff ‘I lied under oath’ Sessions. Sessions couldn’t even announce that DACA would be rescinded without lying.”
    FIFY. Did you expect anything different?
    ETA close the quote properly.

  • muselet

    “To arbitrarily and capriciously end the DACA program, which benefits our country as a whole, is not only unlawful, it is contrary to our national values and bad policy,” Napolitano said in a statement.

    The Department of Justice on Friday said it stands ready to defend the government’s action.

    “As the attorney general said on Tuesday: ‘No greater good can be done for the overall health and well-being of our Republic, than preserving and strengthening the impartial rule of law,'” DOJ spokesman Devin O’Malley said. “While the plaintiffs in today’s lawsuit may believe that an arbitrary circumvention of Congress is lawful, the Department of Justice looks forward to defending this administration’s position.”

    In the battle of soundbites, Janet Napolitano wins by a knockout. She also has the advantage of the moral high ground. We’ll have to wait and see whether the courts will be impressed by UC’s legal arguments.

    Good for UC. This makes me proud to be an alumnus.

    –alopecia

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