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Napolitano Sues Trump to Save DACA Program She Helped Create
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Leroy N. Soetoro
Sep 9, 2017, 8:43:29 PM9/9/17
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https://www.nytimes.com/2017/09/08/us/politics/napolitano-sues-trump-to-
save-daca-program-she-helped-create.html
WASHINGTON — As secretary of Homeland Security in 2012, Janet Napolitano
created DACA, the federal program that protected more than 800,000 young,
undocumented immigrants from deportation and allowed them to work legally
in the United States.
Now, as the president of the sprawling University of California system,
she is suing President Trump to save it.
Lawyers for Ms. Napolitano and the school system she leads, which serves
238,000 students across ten campuses, filed a lawsuit on Friday in federal
court accusing Trump officials of violating administrative procedures and
constitutional due process requirements by abruptly ending the program,
known as Deferred Action for Childhood Arrivals.
Having done so, she says in the lawsuit, Mr. Trump harmed the thousands of
undocumented students whose attendance at her universities is made
possible by the work permits that they receive through DACA. And she says
that ending the program will negatively affect the university system,
which stands to lose the academic and cultural benefits those students
bring.
“I’m really outraged on behalf of our students, who have done everything
that has been asked of them,” Ms. Napolitano said in an interview Thursday
night. “Most of them know only the United States as home. To say that they
have to be thinking about possible deportation is wrong on the law,
inconsistent with our value and bad immigration policy.”
The lawsuit is the among a series of early, high-profile legal challenges
to the president’s decision on Tuesday to abruptly end the DACA program,
which was aimed at helping undocumented immigrants who had been brought
illegally to the United States by their parents when they were young
children.
It is also the latest attempt by the president’s critics to oppose Mr.
Trump’s aggressive immigration policies, using the courts as a cudgel
against his Muslim travel ban, enhanced immigration enforcement efforts
and now, the decision to end the DACA protections.
Another suit was filed Wednesday in New York by more than a dozen
Democratic state attorneys general, alleging among other things that the
decision to end the DACA program was motivated by racial animus toward
Mexicans, as evidenced by Mr. Trump’s comments during the presidential
campaign.
In a news conference at the Justice Department earlier in the week,
Attorney General Jeff Sessions called the DACA program an “open-ended
circumvention of immigration laws,” an “unconstitutional exercise of
authority by the Executive Branch” and an example of “unilateral executive
amnesty.”
“The program known as DACA,” Mr. Sessions said simply, “is being
rescinded.”
Immigration advocates, business executives, academic leaders, foreign
governments and lawmakers in both parties condemned that action. Several
legal rights groups have announced plans to fight the decision even as
activists have mounted daily political protests in Washington and other
cities around the country.
But Ms. Napolitano is uniquely positioned to plead the legal case on
behalf of the policy, which she helped to develop for former President
Barack Obama during her tenure as the president’s top Homeland Security
official.
It is her signature on the June 15, 2012, document that established the
DACA program. In the three-page memorandum, she argues that the nation’s
immigration laws were not designed to “remove productive young people to
countries where they may not have lived or even speak the language.”
In the five years since she issued the memo, hundreds of thousands of
young, undocumented immigrants signed up for legal work permits and DACA’s
protection from deportation. The action by the Trump administration on
Tuesday will allow some of those immigrants to remain protected for up to
two years, but no new applicants to the program will be accepted. And
after a six-month implementation period, many of will lose the right to
work and will be subject to immediate deportation starting in early March.
While Mr. Trump’s action formally ended DACA, the president appears to
have had second thoughts. In a tweet just hours after ending the program,
Mr. Trump urged lawmakers to “legalize” the policy with legislation and
said that if they don’t he will “revisit” the issue.
In Friday’s lawsuit, Ms. Napolitano argues that by rescinding her 2012
memorandum – even with a six-month delay in implementation — Mr. Trump and
Mr. Sessions violated rules under the Administrative Procedure Act, which
requires the government to provide public notice and seek comment from
affected parties before revoking a significant policy.
“The government just can’t turn 180 degrees on something like DACA without
taking the proper steps,” Ms. Napolitano said. “They didn’t take the
proper steps.”
Critics of Mr. Obama’s used the very same argument to attack a similar
executive action that sought to protect undocumented parents of Americans
and lawful residents. That program was never implemented after Republicans
sued, claiming in part that the Democratic president had violated the
Administrative Procedures Act.
Ms. Napolitano’s lawsuit, which was filed in Federal District Court in
Northern California, also claims that the decision to rescind her DACA
memo was “arbitrary and capricious” because the Trump administration
officials did not offer an expansive legal argument justifying their
decision.
“If the agency wants to change the rules, they need to explain why,” said
Alexander A. Berengaut, a lawyer for Covington & Burling, a law firm that
is representing Ms. Napolitano and the university system.
The lawsuit contends that the Trump administration needed to provide a
more substantial justification for ending the DACA program because those
who enrolled in it made long-term decisions like enrolling in college or
getting a loan based on the assumption that it would continue.
And finally, the suit alleges a violation of the constitutional due
process rights of DACA enrollees.
Stephen H. Legomsky, a professor at the Washington University School of
Law and a former general counsel at the United States Citizenship and
Immigration Services, said the university’s legal case is making plausible
arguments for the court to consider.
“I definitely think this lawsuit stands a good chance of succeeding,” Mr.
Legomsky said. “So much is going to turn on which judge they land.”
Lawyers for Ms. Napolitano are urging the court to issue an injunction
preventing the federal government from ending the program.
The request for action by the courts is not as urgent as during the travel
ban case, when lawyers asked for immediate relief from the court system
because people were trapped in transit or at airports. And federal judges
often defer to the executive branch on immigration policy.
Still, she said Thursday that the court should take the case seriously
because the elimination of the DACA program has the potential to be
devastating for many of the young immigrants.
“These are young people who have done all we have asked at them,” she
said. “They have succeeded academically. They have graduated. They’ve
started businesses. I think we suing to vindicate the rights of our
students and the interests of the university.”
--
Donald J. Trump, 304 electoral votes to 227, defeated compulsive liar in
denial Hillary Rodham Clinton on December 19th, 2016. The clown car
parade of the democrat party has run out of gas.
Congratulations President Trump. Thank you for ending the disaster of the
Obama presidency.
Under Barack Obama's leadership, the United States of America became the
The World According To Garp.
ObamaCare is a total 100% failure and no lie that can be put forth by its
supporters can dispute that.
Obama jobs, the result of ObamaCare. 12-15 working hours a week at minimum
wage, no benefits and the primary revenue stream for ObamaCare. It can't
be funded with money people don't have, yet liberals lie about how great
it is.
Obama increased total debt from $10 trillion to $20 trillion in the eight
years he was in office, and sold out heterosexuals for Hollywood queer
liberal democrat donors.
save-daca-program-she-helped-create.html
WASHINGTON — As secretary of Homeland Security in 2012, Janet Napolitano
created DACA, the federal program that protected more than 800,000 young,
undocumented immigrants from deportation and allowed them to work legally
in the United States.
Now, as the president of the sprawling University of California system,
she is suing President Trump to save it.
Lawyers for Ms. Napolitano and the school system she leads, which serves
238,000 students across ten campuses, filed a lawsuit on Friday in federal
court accusing Trump officials of violating administrative procedures and
constitutional due process requirements by abruptly ending the program,
known as Deferred Action for Childhood Arrivals.
Having done so, she says in the lawsuit, Mr. Trump harmed the thousands of
undocumented students whose attendance at her universities is made
possible by the work permits that they receive through DACA. And she says
that ending the program will negatively affect the university system,
which stands to lose the academic and cultural benefits those students
bring.
“I’m really outraged on behalf of our students, who have done everything
that has been asked of them,” Ms. Napolitano said in an interview Thursday
night. “Most of them know only the United States as home. To say that they
have to be thinking about possible deportation is wrong on the law,
inconsistent with our value and bad immigration policy.”
The lawsuit is the among a series of early, high-profile legal challenges
to the president’s decision on Tuesday to abruptly end the DACA program,
which was aimed at helping undocumented immigrants who had been brought
illegally to the United States by their parents when they were young
children.
It is also the latest attempt by the president’s critics to oppose Mr.
Trump’s aggressive immigration policies, using the courts as a cudgel
against his Muslim travel ban, enhanced immigration enforcement efforts
and now, the decision to end the DACA protections.
Another suit was filed Wednesday in New York by more than a dozen
Democratic state attorneys general, alleging among other things that the
decision to end the DACA program was motivated by racial animus toward
Mexicans, as evidenced by Mr. Trump’s comments during the presidential
campaign.
In a news conference at the Justice Department earlier in the week,
Attorney General Jeff Sessions called the DACA program an “open-ended
circumvention of immigration laws,” an “unconstitutional exercise of
authority by the Executive Branch” and an example of “unilateral executive
amnesty.”
“The program known as DACA,” Mr. Sessions said simply, “is being
rescinded.”
Immigration advocates, business executives, academic leaders, foreign
governments and lawmakers in both parties condemned that action. Several
legal rights groups have announced plans to fight the decision even as
activists have mounted daily political protests in Washington and other
cities around the country.
But Ms. Napolitano is uniquely positioned to plead the legal case on
behalf of the policy, which she helped to develop for former President
Barack Obama during her tenure as the president’s top Homeland Security
official.
It is her signature on the June 15, 2012, document that established the
DACA program. In the three-page memorandum, she argues that the nation’s
immigration laws were not designed to “remove productive young people to
countries where they may not have lived or even speak the language.”
In the five years since she issued the memo, hundreds of thousands of
young, undocumented immigrants signed up for legal work permits and DACA’s
protection from deportation. The action by the Trump administration on
Tuesday will allow some of those immigrants to remain protected for up to
two years, but no new applicants to the program will be accepted. And
after a six-month implementation period, many of will lose the right to
work and will be subject to immediate deportation starting in early March.
While Mr. Trump’s action formally ended DACA, the president appears to
have had second thoughts. In a tweet just hours after ending the program,
Mr. Trump urged lawmakers to “legalize” the policy with legislation and
said that if they don’t he will “revisit” the issue.
In Friday’s lawsuit, Ms. Napolitano argues that by rescinding her 2012
memorandum – even with a six-month delay in implementation — Mr. Trump and
Mr. Sessions violated rules under the Administrative Procedure Act, which
requires the government to provide public notice and seek comment from
affected parties before revoking a significant policy.
“The government just can’t turn 180 degrees on something like DACA without
taking the proper steps,” Ms. Napolitano said. “They didn’t take the
proper steps.”
Critics of Mr. Obama’s used the very same argument to attack a similar
executive action that sought to protect undocumented parents of Americans
and lawful residents. That program was never implemented after Republicans
sued, claiming in part that the Democratic president had violated the
Administrative Procedures Act.
Ms. Napolitano’s lawsuit, which was filed in Federal District Court in
Northern California, also claims that the decision to rescind her DACA
memo was “arbitrary and capricious” because the Trump administration
officials did not offer an expansive legal argument justifying their
decision.
“If the agency wants to change the rules, they need to explain why,” said
Alexander A. Berengaut, a lawyer for Covington & Burling, a law firm that
is representing Ms. Napolitano and the university system.
The lawsuit contends that the Trump administration needed to provide a
more substantial justification for ending the DACA program because those
who enrolled in it made long-term decisions like enrolling in college or
getting a loan based on the assumption that it would continue.
And finally, the suit alleges a violation of the constitutional due
process rights of DACA enrollees.
Stephen H. Legomsky, a professor at the Washington University School of
Law and a former general counsel at the United States Citizenship and
Immigration Services, said the university’s legal case is making plausible
arguments for the court to consider.
“I definitely think this lawsuit stands a good chance of succeeding,” Mr.
Legomsky said. “So much is going to turn on which judge they land.”
Lawyers for Ms. Napolitano are urging the court to issue an injunction
preventing the federal government from ending the program.
The request for action by the courts is not as urgent as during the travel
ban case, when lawyers asked for immediate relief from the court system
because people were trapped in transit or at airports. And federal judges
often defer to the executive branch on immigration policy.
Still, she said Thursday that the court should take the case seriously
because the elimination of the DACA program has the potential to be
devastating for many of the young immigrants.
“These are young people who have done all we have asked at them,” she
said. “They have succeeded academically. They have graduated. They’ve
started businesses. I think we suing to vindicate the rights of our
students and the interests of the university.”
--
Donald J. Trump, 304 electoral votes to 227, defeated compulsive liar in
denial Hillary Rodham Clinton on December 19th, 2016. The clown car
parade of the democrat party has run out of gas.
Congratulations President Trump. Thank you for ending the disaster of the
Obama presidency.
Under Barack Obama's leadership, the United States of America became the
The World According To Garp.
ObamaCare is a total 100% failure and no lie that can be put forth by its
supporters can dispute that.
Obama jobs, the result of ObamaCare. 12-15 working hours a week at minimum
wage, no benefits and the primary revenue stream for ObamaCare. It can't
be funded with money people don't have, yet liberals lie about how great
it is.
Obama increased total debt from $10 trillion to $20 trillion in the eight
years he was in office, and sold out heterosexuals for Hollywood queer
liberal democrat donors.
Scout
Sep 9, 2017, 10:06:43 PM9/9/17
to
"Leroy N. Soetoro" <leroys...@bho-rejected.com> wrote in message
news:XnsA7EBB44E37...@0.0.0.1...
> https://www.nytimes.com/2017/09/08/us/politics/napolitano-sues-trump-to-
> save-daca-program-she-helped-create.html
>
> WASHINGTON — As secretary of Homeland Security in 2012, Janet Napolitano
> created DACA, the federal program that protected more than 800,000 young,
> undocumented immigrants from deportation and allowed them to work legally
> in the United States.
>
> Now, as the president of the sprawling University of California system,
> she is suing President Trump to save it.
>
> Lawyers for Ms. Napolitano and the school system she leads, which serves
> 238,000 students across ten campuses, filed a lawsuit on Friday in federal
> court accusing Trump officials of violating administrative procedures and
> constitutional due process requirements by abruptly ending the program,
> known as Deferred Action for Childhood Arrivals.
Hmmm.. Let's see DACA was created by Executive order...the only
> save-daca-program-she-helped-create.html
>
> WASHINGTON — As secretary of Homeland Security in 2012, Janet Napolitano
> created DACA, the federal program that protected more than 800,000 young,
> undocumented immigrants from deportation and allowed them to work legally
> in the United States.
>
> Now, as the president of the sprawling University of California system,
> she is suing President Trump to save it.
>
> Lawyers for Ms. Napolitano and the school system she leads, which serves
> 238,000 students across ten campuses, filed a lawsuit on Friday in federal
> court accusing Trump officials of violating administrative procedures and
> constitutional due process requirements by abruptly ending the program,
> known as Deferred Action for Childhood Arrivals.
administrative procedure Trump needs is his own Executive order to end it.
Further I'm unaware that elimination of DACA would allow the deportation of
these individuals without due process through a court of law...unless they
chose to waive that and accept the deportation.
Of course, if they challenged it in court, then they might need to be
reminded of 8USC1325 and the possibility the prosecution would seek to
impose such punishment as well as their deportation.
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