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Tipsheet

BREAKING: Court Blocks Trump From Rescinding DACA

BREAKING: Court Blocks Trump From Rescinding DACA

New York Attorney General Eric Schneiderman just announced that a judge has granted a preliminary injunction preventing President Trump from ending DACA by executive memorandum:

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The DACA program, which was itself implemented by a memorandum issued through the Department of Homeland Security, will now stand for as long as the injunction remains in effect.

Schneiderman's suit against the Trump administration for ending DACA is largely based on the contention that the memo rescinding DACA was motivated by animus towards Mexicans for their national origin, as is explained by the original complaint filed by Schneiderman and the attorney generals of 16 other states back in September 2017:

3. More than 78 percent of DACA grantees are of Mexican origin, See Ex. 1 (USCIS, Consideration of Deferred Action for Childhood Arrivals Fiscal Years 2012-2017, June 8, 2017), which is more than double the percentage of people of Mexican origin that comprise of the overall foreign-born population (29 percent) of the United States. See Ex. 2 (U.S. Census Bureau, The Foreign-Born Population in the United States).

4. Ending DACA, whose participants are mostly of Mexican origin, is a culmination of President’s Trump’s oft-stated commitments—whether personally held, stated to appease some portion of his constituency, or some combination thereof—to punish and disparage people with Mexican roots. The consequence of the President’s animus-driven decision is that approximately 800,000 persons who have availed themselves of the program will ultimately lose its protections, and will be exposed to removal when their authorizations expire and they cannot seek renewal.

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