Talk To A Chicago Immigration Attorney
312-332-2550
Department of Justice (DOJ) Files Motion to Dismiss in DACA Lawsuit
Looking for A Specific Post? Search Below
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:
- The Trump Administration acted ‘arbitrarily’, ending the program without justified reasoning; and
- 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.
Lo que dicen nuestras clientas
Calificación de 5 estrellas | Basado en 200+ reseñas de clientes satisfechos en Google
We worked with Kevin Raica from Kriezelman Burton & Associates, LLC, and I can confidently say he went above and beyond for us. Our process was very long and at times overwhelming, but Kevin guided us every step of the way with professionalism, patience, and dedication. He was always available to answer our questions, explained everything clearly, and made sure we understood our options at each stage. What stood out…
A family friend referred me to work with Maya Flores at Kriezelman Burton & Associates, LLC to help me with my U.S. naturalization. Despite the current immigration tension, Maya helped make the process smooth and her familiarity with procedure helped ease my anxiety. She submitted the citizenship application on my behalf and let me know what to expect. I decided to retain her service for the civics interview as well,…
I really want to thank Justin and Kamila; they are the best. I waited almost 20 years and no one could help me get my green card and in 4 months they helped me get my permit, and I got my green card in less then 4 months. They are the best. I will always be grateful for what they did for me, thank you Justin and Kamila!!!!
I am writing this review to express my deepest gratitude for the hard work on our case by our Immigration Attorney, Lauren McClure and her Paralegal, Kamila Lada. My Green Card was approved! I know this wouldn't have been possible without their expertise and dedication. They both were extremely helpful, responsive, and guided us through every step of the way. Lauren took the time to train us for our interview…
I am incredibly grateful to Mr. Burton for his outstanding legal assistance in my immigration case, from my first consultation he heard me patiently demonstrating exceptional professionalism, expertise, and a genuine commitment to my case. Immigration process can be overwhelming and stressful, but he and his team provided clear guidance every step of the way, always answering my questions promptly and reassuring me with their deep expertise. Thanks to their…
I had an outstanding experience working with Brittni Rivera. From our very first consultation, she demonstrated deep expertise, professionalism, and genuine care for my case. Navigating immigration processes can be incredibly stressful, but Brittni made the entire journey much more manageable and transparent. She were always responsive to my questions, provided clear guidance at every step, and never made me feel like just another case. Thanks to her hard work…
Highly recommend this firm. I had the pleasure of working with Lauren McClure and she is absolutely the best. She was very helpful and walked me through every step of the process, she is patient and she got the job done. I am very grateful with her and her team for helping me with the process of my case. Thank you so much.
I have worked with Kevin Raica for my VAWA application. Let me tell you he has been AMAZING. Unlike other lawyers Kevin has always went above and beyond for me. Kevin is not in it for the money he is in it to HELP people and make a difference. He has walked me through the entire process and always answers any questions I have no matter what. This law firm…
The attorney is an excellent person and very professional. I am very grateful to the entire team—they are attentive to everything, and I consider her the best in all of the U.S. Thank you once again for everything.
Mr. Burton helped my mother with her case. He was always polite, clear, and always answered my questions in a professional and diligent manner. Our case ran smoothly, and we never ran into any issues. I also want to greatly thank the paralegal that also managed my case, Stephanie Nunez, she was always willing and very helpful with my mother, a genuinely good person. I will forever recommend Justin and…
¡Programe una consulta!
Publicidad de abogados. Esta información está diseñada solo para información general. La información presentada no debe interpretarse como asesoramiento legal formal ni como la formación de una relación abogado/cliente. Los resultados y testimonios anteriores no son garantía ni predicción del resultado de su caso, y no deben interpretarse como tales. Los resultados pasados no pueden garantizar el rendimiento futuro. Cualquier resultado en un solo caso no pretende crear una expectativa de resultados similares en asuntos futuros porque cada caso involucra muchos factores diferentes, por lo tanto, los resultados diferirán caso por caso. Al proporcionar información de contacto, los usuarios reconocen y dan su consentimiento explícito para ser contactados a través de los métodos de comunicación proporcionados, incluido SMS. Se pueden aplicar tarifas por mensajes y datos. La frecuencia de los mensajes puede variar. Responda STOP para optar por no participar.
NUVEW | Copyright 2025 All Rights Reserved | Accessibility Notice | privacy policy