Friday, September 8, 2017

DACA Mirror Effect- On all sides

UC sues Trump administration over DACA decision

Daily Cal

Seems like different groups trying to do the same but diff angles

NY other states, then CA separately:

..."California's attorney general says a separate lawsuit he plans to file over the Trump administration's plan to end protections for young immigrants will mirror the legal arguments made in a suit already filed by 15 states and the District of Columbia."
More on the UC case: "Obama Official Who Created DACA Sues Trump To Protect It"

The lawsuit, which she filed in her capacity as president of the University of California system along with the regents, is in part personal to Napolitano "...
"There are roughly 4,000 undocumented immigrants who attend schools in the University of California system, and Napolitano said on a call with reporters that a large proportion of them have DACA protections ― so-called Dreamers. The state’s university system also employs undocumented teachers, healthcare workers and other staff.

The lawsuit alleges that Trump’s decision to rescind the program violates the Administrative Procedure Act and constitutional due process, including that of students at University of California schools and the system itself."...

“The administration’s approach in rescinding DACA was the opposite of reasoned decision-making and thus is unlawful,” Napolitano said. “It did not assess the costs of rescinding DACA to the hundreds of thousands of Dreamers or to the schools and communities in which they live, study and work.”...
"Napolitano’s lawsuit alleges that the Trump administration illegally neglected to follow rules outlined in the Administrative Procedure Act, which would have required more notice and a public comment period before making such a far-reaching change. Napolitano said that the situation was distinct from the creation of DACA, which did not go through a public comment period, because the program involved case-by-case determinations about prosecutorial discretion, while Trump’s decision will hit recipients en masse.

″[Rescinding DACA] doesn’t involve discretion at all,” Napolitano said. “It says that for this whole category of cases the administration will not exercise discretion and will not defer deportations. So it deals with this population and a whole category, not individuals.”

She said that DACA is also distinct from the Deferred Action for Parents of Americans and Lawful Permanent Residents program, or DAPA, which was blocked in the courts because of a lawsuit that alleged, in part, that the Obama administration violated the Administrative Procedure Act in creating it.

Friday’s lawsuit also argues that the Trump administration violated the due process rights of DACA recipients, which are protected by the Fifth Amendment, by “executive fiat"...


- p.s. the 'pro bono' firm working on this for the UC regents et al seems to have ties to Holder, and Holder was said to be doing some CA resistance work so maybe this is an extension of that ...possibly...

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