California Attorney General Xavier Becerra— joined by the attorneys general for Minnesota, Maryland and Maine— filed a lawsuit Sept. 11 against the Trump administration over its decision to end the Deferred Action for Childhood Arrivals initiative (DACA). The four states filed the suit in the United States District Court for the Northern District of California arguing that the administration violated the Constitution and federal laws when it rescinded DACA.
“The DACA initiative has allowed more than 800,000 Dreamers, children brought to this country without documentation, to come out of the shadows and become successful and productive Americans,” Becerra said. “One-in-four of those DACA Dreamers know California as home, and it’s no coincidence that our great state is the sixth-largest economy in the world. In California, we don’t just support and value them— we fight for them. And it’s important that we get this right. We will not permit Donald Trump to destroy the lives of young immigrants who make California and our country stronger. The court of public opinion has already spoken: the vast majority of Americans agree Dreamers should be here to stay; so now it’s time to fight in every way we can— and on multiple fronts— in the court of law.”
In the complaint, Minnesota Attorney General Lori Swanson, Maryland Attorney General Brian Frosh, Maine Attorney General Janet Mills and Becerra describe the several violations by the federal government of the Constitution and federal laws designed to ensure that the government treats everyone fairly and transparently. Among other things, the complaint alleges:
•The Trump administration’s termination of DACA and the associated Department of Homeland Security (DHS) memo and FAQs may lead to the untenable outcome that the administration will renege on the promise it made to Dreamers and their employers that information they gave to the government for their participation in the program will not be used to deport them or prosecute their employers. The risk DACA grantees face is compounded by DHS’s earlier imposition of boundless enforcement “priorities” that sweep in most immigrants. The threatened misuse of sensitive information provided in good faith by DACA grantees to the government is fundamentally unfair, violating the Fifth Amendment’s due-process guarantee.
•The federal Regulatory Flexibility Act also requires the government to analyze the effects of a proposed change on small businesses, many of which are owned by, or employ, Dreamers, and to take comments on the proposed change. The administration completely ignored these legal requirements.
•The termination of DACA directly affects the substantive rights of almost 800,000 people and indirectly affects millions more, as well as small and large businesses, nonprofits and the towns, cities and states that these individuals call home. The federal Administrative Procedure Act requires such a change to be made for sound reasons, and for the public to be able to make formal comments on it before it’s made into law. Whether or not the initiative was implemented through notice and comment rulemaking, it cannot be terminated without it.
In July, Attorney General Becerra led 20 attorneys general in sending a letter to Trump urging him to maintain and defend DACA. In the letter, the attorneys general explain how DACA has benefited their states and the nation as a whole and call on Trump to fulfill his public commitment to Dreamers, whom he called “incredible kids” who should be treated “with heart.” Roughly a quarter of all DACA grantees, or more than 200,000 young people, live in California, according to Becerra’s office.
A copy of the lawsuit is available at oag.ca.gov/news.
On Sept. 12, the LA County Board of Supervisors passed a motion, offered by Supervisors Hilda L. Solis and Janice Hahn, to demonstrate the Board’s strong opposition to the decision to end DACA and to lend services and support to DACA recipients in the county.
“Los Angeles County is home to more Dreamers than any other county in the nation,” Hahn said. “They are fundamental to our families, to our communities, and to our economy. While it is up to Congress to ultimately pass legislation to protect Dreamers, here in LA County we need to do everything we can to be there for these young people. We will have their back.”
Solis said the Dream Act is a strong legislative solution that has allowed young immigrants to continue living their American Dream with a path to citizenship.
“Our Dreamers’ futures are in danger— and so is the future of almost 65,000 undocumented students who graduate high school every year and could have been supported through DACA,” Solis said. “Today’s actions signify the County’s ongoing commitment to all immigrant communities and our clear opposition to this Administration’s attacks on our vulnerable population.”
The motion:
• directs the chief executive officer (CEO) to send a letter to Congress, the Senate and the President to demand a permanent legislative solution for all DACA recipients and their families
• directs the CEO to send a letter to Gov. Jerry Brown and Attorney General Xavier Becerra, urging any action necessary by the State of California, such as litigation, to protect California DACA recipients
• implements a travel restriction for one year on LA County employees on official LA County business, with the exception of emergency response and assistance, to the nine states (Texas, Alabama, Arkansas, Idaho, Kansas, Louisiana, Nebraska, South Carolina, West Virginia) that threatened legal action unless the administration phased out DACA
• directs the Office of Immigration Affairs to conduct outreach efforts to current DACA recipients to assist them with renewing their status during the six-month interim period, and to provide ongoing updates to LA County residents regarding their legal rights
Sources: Becerra’s office, Hahn’s office
