March 22, 2018, 8:01 am
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DACA revocation illegal? (3)

SOON after President Donald Trump revoked then President Barack Obama’s program known as DACA, a group of attorneys of New York and Washington announced plans to challenge Trump’s action. 

The group .argued that the new Trump policy was a violation of the Equal Protection and Due Process clauses of the US Constitution. 

The strongest immediate legal case to block the new Trump policy, according to a Reuter news agency report, is probably going to be the same wonky argument that led to nationwide injunction against Obama’s program for violation of the Administrative Procedure Act by rescinding the Obama policy without engaging in a formal notice-and-comment process. . 

DACA, it will be recalled, allows undocumented young people who were brought to the US as children to apply for a formal two-year deferment of any deportation action, as well as a permit to work legally in the US.. It was put in place via a 2012 memo from Obama;s Homeland Security, after Congress failed to enact legislation to protect who are called” Dreamers”.

Put more simply, DACA supporters will argue that the Trump administration was arbitrary .and capricious in revoking the Obama policy.

The US government merely made the erroneous assertion that the executive branch lacks the authority to make such a program, even though no court has decided its legality.

As one legal expert put it, in today’s abrupt policy shift, the government has failed to provide a reasoned explanation for disregarding the findings and conclusions that underlay he 2012 DACA memo.

The US Supreme Court has not ruled on this question. Nor has it ruled substantially on the Obama administration’s circumvention of notice comment procedures when it implemented immigration policies to defer certain deportations.

The Administrative Procedure Act is not, going to save DACA even if courts agree that the Trump administration must subject its rescission of the Obama policy to notice and comment.. 


Quote of the Day: “The President of a country cannot, nor ought he to, keep faith when such observance may be turned against him, and when reasons that caused him to pledge it exist no longer. If men were entirely good, this precept would not hold, but because they are bad, and will keep faith with you not to bound it with them.” – Anon.
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