Discussion: New York AG Says He Will Sue Trump Amin. If POTUS Ends DACA

More than 40,000 New Yorkers are protected under DACA. They pay more than $140 million in state and local taxes. They are vital members of our community,” he added.

(This is a novel way of using the 10th.)

16 Likes

The U.S. needs people like Schneiderman and his team located in every single State.

20 Likes

Nice to have a few bastions of sanity in this fucked up country. A few places where hate and xenophobia are not family values

8 Likes

Unfortunately NC’s legislature slashed the budgets for Gov. Cooper and AG Stein, so they’re a little hamstrung. However, I’d expect him to join any effort led by Schneiderman.

OT: Love this fascinating tidbit from when Stein was a state senator: “In 2014, Stein was opposed by Republican Molotov Mitchell, who ran an “unusual” campaign - challenging Stein to push-ups and promising to “bounce” a National Security Agency-funded laboratory from the campus of North Carolina State University.”

3 Likes

Obama!!!

Schneiderman!!

Jeebus, ICE on full alert! 800,000 DACA kids gone by Wednesday! Count on it!

2 Likes

Probably won’t be the only time the AG will have a member of the Drumpf family in a New York state court.

20 Likes

“We have both a legal and moral obligation to make sure that the laws are faithfully executed without discrimination or animus.” - Schneiderman

Ending the DACA program would indeed be cruel, gratuitous, and devastating to tens of thousands of New Yorkers, but that is the moral argument that should propel a legislative solution to the DACA and DREAMER problems. Unfortunately the GOP has consistently proven itself to be amoral. I love the push back against DT’s petty and vindictive acts, but what is the legal argument to support Schneiderman’s lawsuit?

3 Likes

Schneiderman represents what Americans have a right to expect from a real justice department official.

7 Likes

I agree with you, but I think you could tie the Trump decision up in the courts for quite a while. Not only is there a formal DOJ legal opinion that DACA is appropriate under the immigration laws, but I think there are very real 14th Amendment Due Process and Equal Protection arguments. There may also be requirements for a formal administrative rulemaking process that requires publication of proposed rules, with an opportunity for public comment, before any changes can actually be adopted.

In any case, I hope the entire Democratic Congressional and Senate class immediately introduces DACA legislation that afopts the current executive order and implementing regulations as the legislative text.

10 Likes

Ha, I was just thinking about my old acquaintance Bobby Ferguson, and I saw this:

11 Likes

I’m betting California AG will join NY in the suit. Yesterday ?, Becerra said that there are 200K in CA, so the 2 states represents about 1/3 of the DACA population.

10 Likes

So there will be a lawsuit regarding DACA, either from the left or from the right, a direct result of Congress failing to do its job under PBO. And that occurred largely due to McConnell’s pledge not to work with then President Obama.

McConnell has caused so much unnecessary grief, chaos, and turmoil to America, and we’re still paying the price for his misdeeds.

24 Likes

[quote=“cabchi, post:10, topic:61675”]
a formal DOJ legal opinion that DACA is appropriate under the immigration laws,[/quote]

It’s my understanding that DACA was an executive order that simply prioritized certain deportation actions. DACA may clearly be permissible and appropriate under immigration law, but DT can simply issue his own EO to revoke DACA and impose his own program for enforcement actions. That process would not entail any rule making authority.

I agree that the due process arguments may be sufficient to keep the case in court but that would a hollow victory unless the Court enjoins DT’s attempt to end DACA pending a full trial.

3 Likes

O I think that’s a given. Anyone filing suit to stop deportations is going to file an injunction.

9 Likes

Imagine Trump’s amazement when he learns he can’t settle out of court with NY for acting like a Nazi.

8 Likes

If enough states sue Trump to stop the proposal, and the deportation order get stays, it buys time but little more. As sickening as it is, how can a state nullify federal law?

2 Likes

A state doesn’t. A court does if they find it’s unconstitutional, for example.

7 Likes

I’m skeptical that this approach will yield fruit. And it seems a bit weird that the article doesn’t state what the legal grounds are for the suit. If there are any plausible grounds I’m all for it. Any port in a storm.

Everyone from a state with Dreamers will sue this asshole, and deservedly so. A minority president acting on behalf of an anti-immigrant, hateful anti-brown people base. He’s a disgrace, and his actions will lead to widespread unrest among business communities and people that are better American citizens than his malignant rubes.

http://abcnews.go.com/Politics/attorneys-general-plan-sue-trump-ends-daca/story?id=49615309

6 Likes