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Department of Justice (DOJ) Files Motion to Dismiss in DACA Lawsuit

by: Justin Burton

On September 5th, 2017, President Donald Trump announced the end of the Deferred Action for Childhood Arrivals (DACA). This program let certain undocumented immigrants who were brought into the country as children obtain a renewable two-year reprieve from the threat of deportation. This gave people legal status to live and work in the United States.

Currently, immigration lawyers and immigrant rights advocates are fighting back against the Trump Administration to try to protect DACA. The attorneys general of 16 different states have joined together to file a lawsuit to try to block the Trump Administration from unilaterally ending the program.

On October 27th, 2017, the New York Times reported that the U.S. Department of Justice (DOJ), led by Attorney General Jeff Sessions, responded to this lawsuit by filing a motion to dismiss. In this post, our experienced Chicago immigration attorneys explain the legal arguments being offered by each party in this case.

The Lawsuit to Preserve DACA

In their lawsuit to preserve DACA, the plaintiffs are arguing that the Trump Administration acted unlawfully in ending the program. Specifically, the plaintiffs’ argument relies on the following two key points:

  1. The Trump Administration acted ‘arbitrarily’, ending the program without justified reasoning; and
  2. The Trump Administration acted with ‘animus’ towards Latin American immigrants, who are the primary recipients of DACA.  

The Motion of Dismiss

In its motion to the dismiss, the Department of Justice has countered that DACA exists at the sole discretion of the president. As such, the Trump Administration has the legal authority to end DACA for any reason it wishes, including for no reason at all. The DOJ points to the fact that DACA never came from an act of congress, but instead it originated solely by the Obama Administration. Therefore, if the executive branch had the legal authority to create such a program, it must also have the legal authority to end the program. The court will now have to weigh these arguments to determine if the lawsuit to restore DACA will be allowed to move forward in the legal process.

Contact Our Cook County Immigration Lawyers Today

At Kriezelman Burton & Associates, LLC, our Illinois immigration lawyers have deep experience handling DACA cases. As this policy is now under serious threat, we are closely monitoring the latest developments related to DACA to best serve our clients. If you need immigration law advice, please do not hesitate to call us today at (312) 332-2550 to set up your full confidential legal consultation. From our office in Downtown Chicago, we serve communities throughout the region.

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