Opponents of Immigration Enforcement Flood the Courts with Baseless Lawsuits

Article author: 
Kris W. Kobach
Article publisher: 
Article date: 
22 October 2017
Article category: 
National News
Article Body: 
Last week, the City of San Jose, California, filed a lawsuit against President Trump and his acting secretary of homeland security, in an attempt to stop the Trump Administration from rescinding President Obama’s illegal executive amnesty known as “Deferred Action for Childhood Arrivals” (or “DACA”).  The case joins four similar lawsuits filed by the Board of Regents of the University of California, by the States of California, Minnesota, and Maine, by Santa Clara County, and by six DACA recipients living in California.
In September, President Trump announced that the illegal DACA amnesty would be rescinded; but any of the more than 886,000 existing amnesty recipients whose deferred action status ended before March 2018 could seek a renewal.  Now, this salvo of lawsuits seeks to preserve the DACA amnesty indefinitely.
The lawsuits are long on political diatribe and short on legal analysis.  They make the ridiculous claim that the President cannot unilaterally reverse the DACA policy memorandum issued by President Obama’s DHS Secretary Janet Napolitano – a directive that did not even rise to the level of an executive order.  Instead, the plaintiffs claim, DHS must go through the formal process of notice and comment that is necessary to change a federal regulation (or “rule”) under the Administrative Procedure Act.
This is a ridiculous argument, because the Fifth Circuit of the U.S. Court of Appeals has already ruled that the Obama Administration violated this very federal law when it created the DAPA amnesty (which was an extension of the DACA amnesty)...

CAIRCO Research