Immigration Law

Expert: DACA Lawsuits Face Long Odds

Tal Kopan, CNN, Sept. 6, 2017- "Conservative states may have boxed President Donald Trump into announcing an end for the Deferred Action for Childhood Arrivals program -- but Democratic state attorneys general are already fighting back.  A coalition of 16 Democratic and nonpartisan state attorneys general filed suit in New York federal court on Wednesday to stop Trump's sunset of DACA - the Obama-era program that protected young undocumented immigrants brought to the US as children from being deported - and they say Trump's comments about Mexicans should be used against him.  The groups laid out five different constitutional arguments against Trump's move, saying it was motivated by discriminatory reasons, that it violated due process by being "fundamentally unfair," and that it violated laws that dictate procedures for federal regulations. ... Cornell law professor and immigration attorney Steve Yale-Loehr gave the lawsuit even longer odds, saying other arguments, like due process rights being violated, are similarly difficult to prove given that DACA was explicitly set up as a reprieve from deportation, not a right.  "Given the general deference that most courts provide to executive branch decisions on immigration, because immigration touches on national security and national sovereignty issues, they're going to have an uphill battle in court," Yale-Loehr said.  "I wish them well, but as far as I can tell, I think they've got a less than 50% chance of winning in court." "