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 the 5th, 2017, just after the Labor Day Weekend.

Since it was one of Trump’s crazy campaign promises along with building the wall, sprinkled with a 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 5th, 2017 and 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 of its success.

15 states plus the District of Columbia have joined forces to file this lawsuit called Batalla-Vidal v. Baran: 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 main argument of the lawsuit states 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 who in their majority were born in Mexico, using Trump rhetoric against Mexicans as proof of “racial animus,” in other words, hate.

In another development just at the end of the working week, the University of California System filed a lawsuit against Trump for ending DACA citing the damage it would cost its students for unconstitutionally violating their rights on “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 actions, the University system is not only thinking of their students’ well being but some teachers and administrative personnel who may as well be affected because they also are DACA beneficiaries.

Napolitano also said UC campuses will continue to provide services for their undocumented students among them in-state tuition, a loan program for financial aid, free legal services, campus-based student-service centers and directives to campus police to not to contact, detain, question or arrest individuals based on their status.