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The best legal argument against Trump’s DACA revocation

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In his statement Tuesday revoking the Obama administration policy known as DACA, Attorney General Jeff Sessions invoked a 2015 ruling by the 5th U.S. Circuit Court of Appeals that struck down a parallel Obama program to protect some undocumented parents of children born in the United States from deportation, or DAPA.

The appeals court determined, among other things, that the Obama administration did not follow the proper administrative procedures to implement the DAPA program. Sessions said the Trump Justice Department concluded that DACA was similarly flawed and likely to be enjoined if it were challenged in court.

Litigation to keep DACA in place is imminent. The attorneys general of New York and Washington announced plans to sue on Monday, before AG Sessions even disclosed the Trump administration’s formal policy.


The National Immigration Law Center, meanwhile, on Tuesday afternoon sought consent in Brooklyn federal district court to amend ongoing litigation over the revocation of an undocumented immigrant’s work permit to a sweeping challenge to the Trump administration’s DACA rescission.

The group argues that the new Trump policy violates the Constitution’s Equal Protection and Due Process clauses, pulling protection out from under U.S. residents who relied on the government’s assurances.

According to the letter NILC and its co-counsel sent to U.S. District Judge Nicholas Garaufis, the group intends to assert the argument that the rescission of DACA “is unconstitutionally motivated by anti-Mexican and anti-Latino animus.”


But the strongest immediate legal case to block the new Trump policy, according to two legal experts, is probably going to be the same wonky argument that led to a nationwide injunction against Obama’s DAPA program: The Trump administration, according to this argument, violated the Administrative........

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