President Donald Trump's decision to end DACA faces legal action from the state.
California is suing the Department of Homeland Security for rescinding the Deferred Action to Childhood Arrivals policy on the grounds that the action is unconstitutional and violates federal law.
President Barack Obama announced new immigration rules five years ago that authorized work permits, Social Security accounts and other benefits to people now in their 20s who came to the U.S. as children.
The Trump administration says it is phasing out the rules because their implementation by the Obama administration was unconstitutional and puts American citizens at risk.
“The President’s DACA decision today brings us closer to a safer, fairer and legal immigration system,” White House Press Secretary Sarah Huckabee Sanders said at a press briefing Sept. 5.
The California lawsuit, backed by Maryland, Maine and Minnesota, was announced Sept. 11. It provides five reasons why rescinding DACA is illegal:
- It violates the Fifth Amendment guarantee of due process by “substantially altering” DACA policies on use application information.
- The DHS violated the Administrative Procedure Act by rescinding DACA with no warning or a chance for state governments to comment.
- The grounds for rescinding DACA are “legally insufficient” and don’t account for the “true policy rationale” for the change, which is an additional APA violation.
- The DHS is prohibited by federal law to make substantial policy changes without analysis's on the effect on local government, nonprofits and small businesses.
- It is a violation of the Fifth Amendment equal protection guarantee. The administration “discriminated against this class of young immigrants” by taking away chances for educational pursuits.
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| California Attorney General Xavier Becerra |
The lawsuit also points out that California is home to more DACA recipients than any other state and therefore would take the biggest hit from the policy change. It estimates 220,000 out of the 800,000 dreamers are Californians.
“The court of public opinion has already spoken: the vast majority of Americans agree Dreamers should be here to stay,” California Attorney General Xavier Becerra wrote in a statement. “Now it's time to fight in every way we can – and on multiple fronts – in the court of law.”
-- By Lizzie Helmer