The Trump administration is facing threats and lawsuits left and right for its recent announcement it would be rescinding the DACA program. Enacted by President Obama in 2012 by executive action, DACA provides protection to illegal immigrants who came to the U.S. when they were children.
Fifteen states and Washington, D.C sued Wednesday of last week. On Friday, the University of California followed suit. It was a predictable move, considering UC President Janet Napolitano, who served as Obama's Secretary of Homeland Security, helped draft DACA.
Trump's plan to dismantle DACA violates both the Administrative Procedure Act and the Due Process Clause of the Fifth Amendment, the school argues. The Administrative Procedure Act (APA) is a law that governs the manner in which the federal administrative agencies implement various regulations, Campus Reform quickly explains. The White House did not "articulate a satisfactory explanation for its action" and therefore did not live up to the APA.
The school then explains how due process was overlooked.
“Finally, in rescinding DACA, Defendants violated the Due Process Clause of the United States Constitution by failing to provide the University with any process before depriving it of the value of the public resources it invested in DACA recipients, and the benefits flowing from DACA recipients’ contributions to the University,” the plaintiffs argue.
“More fundamentally, they failed to provide DACA recipients with any process before depriving them of their work authorizations and DACA status, and the benefits that flow from that status.”
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This all amounts to "unreasoned executive whim" on the part of the president.
Despite the liberal outrage, the White House's announcement was not as cruel as they may think. When Attorney General Jeff Sessions said they would be rescinding DACA, he also noted they would be giving Congress six months to try and make it constitutional. In the meantime, President Trump told DACA recipients not to worry.
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