Battle Lines Drawn Over DACA

The deadline for Texas and nine other states to file suit against Trump administration over the Deferred Action for Childhood Arrivals (DACA) program is fast approaching. Neither the White House nor the U.S. Justice Department have taken a stance to defend the Obama-era program that is set to be challenged in court unless the administration rescinds it by September 5, The Hill reported.

The Republican attorneys generals from the ten states argue that the program is unlawful because the president does not have unilateral authority to implement it without approval from Congress.

Under DACA, which protects nearly 800,000 undocumented immigrants brought to the U.S. as children, recipients currently receive two-year, renewable deferment from deportation and gain work permit eligibility, but the policy is not law.

Earlier this week, a group of 100 immigration law professors sent a letter to President Trump outlining a legal case for keeping DACA in place, Inside Higher Ed reported. The legal scholars argue in the five-page letter that the legal foundation for the program is "crystal clear."

"In our view, there is no question that DACA 2012 is a lawful exercise of prosecutorial discretion," the professors write. "Our conclusions are based on years of experience in the field and a close study of the U.S. Constitution, administrative law, immigration statutes, federal regulations and case law."

 

Related Links

The Hill

http://thehill.com/latino/345946-daca-deadline-looms-over-trump-administration?rnd=1502535476

Inside Higher Ed

https://www.insidehighered.com/quicktakes/2017/08/14/law-professors-‘no-question’-daca-legal