Trump decks DACA

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Trump decks DACA

Manhattan, NY. – *President Trump has recently announced that his administration will be ending the Deferred Action for Childhood Arrivals (DACA), and States are not taking this action laying down. Trump’s actions will not be without recourse as fifteen states, including New York State, have filed lawsuits against Trump stating that the President’s decision, which could deport roughly 800,000 undocumented immigrants who were brought to the US as children, violates these persons’ due process rights in violation of both state and federal laws.

The Eastern District of New York will no preside over the monumental case. The suit names *President Trump, along with the Department of Homeland security as Defendants. In 2012, President Obama issued DACA because he felt it was unfair to deport children who were born abroad, despite only knowing America as their home. DACA allowed “Dreamers,” children who were born in other countries and immigrated to America as children, to remain here without fear of arrest, a move which was regarded as an important step toward effective immigration reform. DACA further allowed the United States to benefit from their skills and productivity.

In an effort to be complaint with federal laws, many of these children voluntarily provided their information to the government, including their home address, their place of employment and the schools they went to. When offering up this critical information, many Dreamers feared this exact thing. Now that they were documented, Dreamers feared that ICE would find and deport them because of their immigration status. Now, with the stroke of a pen, Trump has made their worst nightmare a reality.

According to the lawsuit, DACA is a well-establish form of prosecutorial discretion under which Dreamers must apply for renewal of their status every two years based on the information provided to the Government. As a cause of action, the suit looks to the Fifth Amendment Due Process right, which requires that immigration enforcement actions taken by the government be fundamentally fair. However, because the Government essentially deceived Dreamers into incriminating themselves, under the guise of equal treatment, the government’s immigration enforcement actions are fundamentally unfair.

Further, the suit points to the numerous derogatory statements *President Trump made during the course of his campaign, such as, the now infamous, accusation that Mexican immigrants are “bringing drugs, they’re bringing crime, they’re rapists and some, I assume, are good people.” The suit alleges that Trump had a discriminatory motive for rescinding DACA, specifically Trump is discriminating against these individuals because of their national origin.

The issue is, as *President, Trump is charged with protecting our borders and rescinding DACA, much like President Obama enacting DACA, is simply an exercise of his executive power. While his motives may be discriminatory, immigrants have a unique status because of their national origin. While an employer may not discriminate against an employee because of their national origin, *President Trump can discriminate against who he allows in the country.

Many draw an analogy to Trump’s travel ban as evidence that the President’s power is limited with regard to immigration, a key difference between Trump’s travel ban, and his current action is that the travel ban had the effect of discriminating against American citizens and immigrants with valid visa status, whereas DACA was designed as a stop gap for those who grew up here, but never obtained citizen or a valid visa status (mostly because they were freaking kids).

The fate of Trump’s DACA action is unknown. However, the States are not taking his actions laying down, and while we have a castrated congress, the States are not ruled by the partisan stagnation that permeates Capitol Hill and have banded together to combat Trumps discriminatory actions.

Title VII of the Civil Rights Act of 1964, along with the New Jersey Law Against Discrimination, New York State Human Rights Law, New York City Human Rights Law, Philadelphia Human Rights law, and many other state laws, prohibit employers from discriminating against individuals because of their national origin.

The experienced sexual harassment attorneys at the Derek Smith Law Group, PLLC, have years of experience bringing claims of national origin discrimination in both state and federal courts. Work together with our Philadelphia sexual harassment attorneys, the Derek Smith Law Group, PLLC has garnered some of the highest jury verdicts for discrimination in the country. If you feel you have been discriminated against because of your national origin, please give our talented attorneys a call, toll free, at 1877 4NYLAWS for your free consultation.


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