According to reporting from Univision News, Dreamer María Perales, Princeton University and Microsoft have filed a joint lawsuit against the Trump Administration, seeking to protect the Deferred Action for Childhood Arrivals (DACA) program. Within the legal complaint, these plaintiffs argue that the Trump Administration is violating the United States Constitution and federal law by attempting to abruptly terminate the program. Here, our experienced Los Angeles DACA attorney explains the legal argument being offered in this case.
Two Arguments to Save DACA
Federal Law: The Administrative Procedure Act
The first argument being made by the plaintiffs is purely technical in nature. In their view, the Trump Administration’s sudden termination of DACA constitutes a violation of the Administrative Procedure Act (APA). Under that act, federal agencies are required to go through a specific, well-structured rule making process. Within that process, federal agencies should give interested parties notice that allows them to comment, before substantive rule change is completed. Under this legal argument, it would not necessarily be unlawful for the Trump Administration to rescind DACA, but sufficient advance notice would be legally required to do so. Interested parties, most notably Dreamers themselves, but also their employers, should have been able to comment on the proposed policy change.
The U.S. Constitution: Equal Protection and Due Process
The plaintiffs are also making legal arguments under the Fifth Amendment. First, the plaintiffs argue that the DACA rescission is a violation of the equal protection clause. This is because the policy discriminates against DACA recipients on a basis they have no control over: their undocumented status. Additionally, the plaintiffs also argue that rescission of DACA violates their due process rights. All parties in this case, including Dreamers, universities and employers, took economic action that relied on the existence of DACA. Therefore, in their view, the abrupt rescission without due process is a deprivation of liberty and property interests.
Expect a Response From the Trump Administration
This is the second major lawsuit that has been filed by people attempting to save DACA. The Department of Justice (DOJ) has already filed a motion to dismiss a previous DACA lawsuit that came out of New York state. We can expect another swift response from the Trump Administration in this case. Our immigration law team will keep a close eye on any new DACA-related developments in the courtroom. Further, there is still the possibility that Congress might take action to preserve DACA rights. Hopefully this will happen, but DACA recipients need your assistance. Concerned citizens are highly encouraged to take action to help protect DACA.
Contact Our Los Angeles DACA Lawyers Today
At the Goldstein Immigration Lawyers, we are strong advocates of the Deferred Authorization for Childhood Arrivals program. If you have any questions or concerns about your rights under DACA, please call us today at (213) 262-2000 for immediate legal assistance. Our office is located in Los Angeles and we represent clients throughout the region, including in Orange County and Ventura County.