DACA Rescission: Fight Procedure Rather Than Constitutionality

Anna Saunders*

On September 5, 2017, the Trump Administration announced it will end the Deferred Action for Childhood Arrivals (DACA) program,[1] a program established under the Obama Administration in 2012.[2]  However, several states and DACA beneficiaries have already filed lawsuits alleging that President Trump’s decision was “unconstitutionally motivated by anti-Mexican and anti-Latino animus.”[3]  The DACA program allows young, unauthorized immigrants who grew up in the United States to obtain work permits and . . . .

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* Candidate for Juris Doctor, Cumberland School of Law, Class of 2019. Junior Editor, Cumberland Law Review. Bachelor of Science in Accounting and Finance, University of Alabama, Class of 2016.

[1]     Jefferson B. Sessions III, U.S. Att’y Gen, U.S. Dep’t of Justice, Attorney General Sessions Delivers Remarks on DACA (Sept. 5, 2017) [hereinafter Sessions Remarks], https://www.justice.gov/opa/speech/attorney-general-sessions-delivers-remarks-daca.

[2]     See Memorandum from Janet Napolitano, Sec’y, Dep’t Homeland Sec., to David V. Aguilar, Comm’r, U.S. Customs & Border Prot., et al. 1-3 (June 15, 2012), http://www.dhs.gov/xlibrary/assets/s1-exercising-prosecutorial-discretion-individuals-who-came-to-us-as-children.pdf.

[3]     Keshner, Andrew, Lawyers fight to save Mexican native who lost work permit granted through DACA, NY Daily News (Sept. 5, 2017, 8:06 PM), http://www.nydailynews.com/new-york/lawyers-fight-save-mexican-native-lost-daca-work-permit-article-1.3471816.

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