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

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#8

“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?

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#9

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

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#10

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.

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#11

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

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#12

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.

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#13

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.

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#14

[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.

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#15

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

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#16

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

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#17

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?

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#18

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

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#19

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.

#20

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

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#21

California is home to the largest number: nearly 223,000 and an estimated 118,000 to 130,000 live in Southern California.

Dreamers are our friends and neighbors, our employers and employees, and enemies of this illegal regime.

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#22

Since when does Rump care about lawsuits or court orders? Just ignore the court and get a pardon. Sheriff Joe will help fill out the application.

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#23

In addition, if the courts do a balance of harms test, I don’t see how any State is harmed by keeping DACA in place. States lose a lot of money if DACA is nixed. The harm to DACA folks of deportation is incalculable.

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#24

I agree.

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#25

What is the legal reasoning for the Repuke AG’s threatened suit if he doesn’t end DACA? If Texas AG Paxton is on board, you can be sure that he is on the wrong side of the law. He always is.

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#26

Win or lose, this is a State that’s doing what it can.

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#27

Several Republicans in Congress have voiced their opposition to Trump’s reported decision to end DACA and pledged to pass legislation restoring DACA.

Oh, please. Possibly in the Senate new Dreamer law might fly but in the House? I don’t see it. I could be wrong.

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