AG Ferguson updates DACA lawsuit after Trump Administration again strips protections for Dreamers
Tuesday, September 1, 2020
The Trump Administration’s new attempt to strip protections for Dreamers comes after a U.S. Supreme Court decision in mid-June that declared President Trump’s first attempt to rescind DACA unlawful.
On July 28, Acting Secretary of the Department of Homeland Security (DHS) Chad Wolf wrote a memo stating he wanted to limit DACA while he decides whether to fully rescind the program.
Specifically, Wolf’s memo ordered DHS to reject all new DACA applications, change the renewal period from two years to one and prohibit current DACA recipients from traveling outside the U.S. without DHS approval. The memo is the latest of numerous efforts by President Trump to end DACA since taking office in 2016.
The amended complaint, filed in the Eastern District of New York with 16 other attorneys general, updates the states’ lawsuit against the Trump Administration’s previous attempts to end DACA — the lawsuit that prevailed before the Supreme Court in June. The amended complaint asserts that the Wolf memo is again not supported by any reasonable explanation and fails to consider the harms caused by the undue limits to the DACA program, a violation of the Administrative Procedure Act.
Ferguson’s lawsuit also asserts that Wolf cannot legally make this kind of decision because he was unlawfully appointed to his post as acting secretary. When Wolf was appointed, the administration circumvented long-standing order-of-succession laws for federal agency officers. On Aug. 14, the Government Accountability Office released a finding that the federal government improperly appointed Wolf and two other appointees to their positions.
The amended complaint, filed in the Eastern District of New York with 16 other attorneys general, updates the states’ lawsuit against the Trump Administration’s previous attempts to end DACA — the lawsuit that prevailed before the Supreme Court in June. The amended complaint asserts that the Wolf memo is again not supported by any reasonable explanation and fails to consider the harms caused by the undue limits to the DACA program, a violation of the Administrative Procedure Act.
The decision illegally curtails protections for Washington’s nearly 17,000 DACA recipients, also known as “Dreamers,” and about 800,000 nationwide, Ferguson’s updated lawsuit asserts.
Ferguson’s lawsuit also asserts that Wolf cannot legally make this kind of decision because he was unlawfully appointed to his post as acting secretary. When Wolf was appointed, the administration circumvented long-standing order-of-succession laws for federal agency officers. On Aug. 14, the Government Accountability Office released a finding that the federal government improperly appointed Wolf and two other appointees to their positions.
“The highest court in the land told the Trump Administration it cannot arbitrarily end DACA,” Ferguson said. “Despite this, the Department of Homeland Security — under the leadership of an unlawfully appointed acting secretary — pushed through yet another attempt to erode the program.
"Our fight isn’t over yet. I will do everything in my power to protect Washington’s Dreamers.”
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2 comments:
Welcome to the 21 century where the US has laws about everything, including immigration. Follow these laws and chances are you will not face any issues of deportation. Every year, at least 1 million people from all over the world come to America to become citizens. They had to work for it and gladly did so. Why should it be that some get a free pass where others who worked so hard by the book do not? Claiming asylum is a right for all, but is a long process that must be legitimized where the individual(s) must prove that they are illegally oppressed by the government/country they are fleeing from. (Sorta like the democrats who said they would move to Canada if Trump won, but never did...) In most cases along our Southern border. That means escaping gangs or cartels does not qualify an individual for asylum.
So you think its do easy to become a citizen let alone a resident? I am sure you probably never even looked up the visa bulletin and know how long the wait is. Not sure how you got here or how your parents or grandparents or great grandparents got here. I can bet they did not have to go through long periods of time of waiting, spend a lot of money because its not free. Not sure were you got data but one million of people become citizen every year its less than that. You would think because Mexico is a neighbor country and ally they would have better immigration laws and help people become residents easily, but instead give to white European countries priority. Wonder why?
The people claiming asylum have enough evidence theres cases were people are missing limbs, deformed, other evidence and their still denied. Put yourself in their shoes. Get off you white ridden horse and actually take time to read about asylum immigration laws instead of listening to fox news.
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