DACA/DREAM Frontera Fund News Trump Watch

Lawsuits Plan to Stop DACA Phase-off. Will the Efforts Succeed?

University of California
Carmen Cornejo
Written by Carmen Cornejo

We saw this coming. Civil rights organizations and plaintiffs were ready to file legal challenges to President Trump’s announcement of the DACA phase-off, which came on Tuesday, September 5, 2017.

Since it was one of Trump’s crazy campaign promises along with building the wall, sprinkled with prolonged Mexican bashing (bad hombres, Mexicans rapists, not the best people, criminals etc., etc.,) Trump found a convenient excuse to end DACA.

Texas Attorney General Ken Paxton threatened to sue the federal government if the administration did not terminate DACA by September 5, 2017. Trump used this date to announce the end of DACA even though the program has been a success. You can read useful DACA statistics, which speak volumes about its success, here.

Fifteen states plus the District of Columbia have joined forces to file this lawsuit called Batalla-Vidal v. Baran. It was originally filed to challenge the court order in Texas v. U.S. and was amended this week to challenge Trump’s decision to end DACA.

The lawsuit mainly argues that the individual states will be harmed by the potential deportation of thousands of tax-paying residents. Additionally, it states that Trump is violating the equal protection clause by targeting DREAMers (the majority of whom were born in Mexico), using Trump’s rhetoric against Mexicans as proof of “racial animus,” or in other words, hate.

In another development just at the end of the work week, the University of California system filed a lawsuit against Trump for ending DACA, citing the damage it would cost its students by unconstitutionally violating their rights for “nothing more than a whim.”

Additionally, the University of California states that the “rescission of the DACA program violates both the procedural and substantive requirements of the APA (Administrative Procedure Act), as well as the Due Process Clause of the Fifth Amendment.”

Janet Napolitano, who during the Obama administration was Secretary of Homeland Security and oversaw the creation of DACA, is the president of the University of California system.

With this action, the university system is not only thinking of their students’ well-being but also of some teachers and administrative personnel who may be DACA beneficiaries.

Napolitano said UC campuses will continue to provide services for their undocumented students. Among these are in-state tuition, a loan program for financial aid, free legal services, and campus-based student-service centers. The university system has also directed campus police not to contact, detain, question or arrest individuals based on their status.