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Talk about a dream…

Fifteen states and the District of Columbia filed a federal lawsuit Wednesday to block the Trump administration from ending the Deferred Action for Childhood Arrivals program, arguing that it violates applicants’ due process rights and that — like Trump’s travel ban — the decision was motivated at least partly by an intent to discriminate, this time against Latinos. The suit was filed in the Eastern District of New York by New York Attorney General Eric Schneiderman as lead attorney. Scheneiderman, you’ll recall, also led the successful fraud lawsuit against Trump University, which eventually ended in a $25 million settlement. Schneiderman said,

It’s clear that President Trump’s DACA repeal would cause huge economic harm to New York—and that it’s driven by President Trump’s personal anti-Mexican bias[.]

California AG Xavier Becerra said he also intends to sue separately to preserve DACA, but won’t be joining the other states’ lawsuit. One in four DACA recipients — about 200,000 people — live in California.

Washington state officials had some especially sharp words about Trump’s decision to end DACA. Gov. Jay Inslee said in a press conference announcing the suit,

The president has tried to shirk responsibility for this, but let’s be clear, it is his hand on the knife in these people’s backs […] He can’t just put it on Congress. It is his responsibility to fix this.

Washington AG Bob Ferguson — who also led the fight against Trump’s travel ban — said Trump’s decision violated DREAMers’ due process rights, since they signed over a lot of personal information to apply for DACA, which the government can now use to locate and deport them and their families.

“It’s outrageous, it’s not right,” Ferguson said in a Seattle news conference. “As attorney general for the state of Washington, I have a hammer — it’s the law.”

The AGs argue the federal government has failed to provide necessary protection for the applicants’ data, and that it should have guaranteed their applications would not be used for “purposes of immigration enforcement, including identifying, apprehending, detaining, or deporting non-citizens.”

The likelihood that the government will betray those who trusted it when they applied for DACA is covered in excellent, anger-inducing detail at the Daily Beast. It’s the sort of misuse of trusted information that wingnuts would never tolerate if it were used against, say, gun owners, but hey, if it’s used against Mexicans, they’re good with that. Pfft. It’s not like “due process” is in the Constitution, is it?

The lawsuit also argues that rescinding DACA violates the 14th Amendment’s equal protection clause, since the decision will mostly affect Latinos; 80 percent of those who will be subject to deportation were born in Mexico before their parents brought them to the U.S. as children.

Citing Trump’s numerous statements disparaging Mexicans as “criminals, thugs, and ‘bad hombres,'” Ferguson said Trump has revealed “a racial animus” towards Mexicans: “Ask yourself one question: If the overwhelming majority were Caucasians, does anybody really think he (President Trump) would have taken the action he took?”

The lawsuit also argues that the individual states will be harmed by the potential deportation of thousands of tax-paying residents.

The Justice Department offered a typically dismissive statement insisting that DACA was unconstitutional in the first place, so neener-neener-neener:

“While the plaintiffs in Wednesday’s lawsuit may believe that an arbitrary circumvention of Congress is lawful, the Department of Justice looks forward to defending this administration’s position,” said DOJ spokesman Devin O’Malley.

The ACLU has argued that DACA is in fact perfectly cromulent under the Constitution. Even so, there’s no telling whether the states’ lawsuit will be successful, since as the government argued during the travel ban cases, the president has broad authority in setting immigration policy and priorities — which was Barack Obama’s justification for the executive action in the first place.

We’d also note that Trump felt compelled to rescind DACA because nine red-state AG’s were threatening to sue against DACA. But now 15 states and DC are suing to keep it, so in Trump-brain logic, that’s clearly a 9 to 16 victory for ending DACA, isn’t it?

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[LAT / NPR / Reuters]

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  • Cousin Itt un Mondialiste
  • ArgieBargie

    “Ask yourself one question: If the overwhelming majority were Caucasians, does anybody really think he (President Trump) would have taken the action he took?”

    That’s a question you should be asking the First EscortLady.

  • miss_grundy
  • Nockular cavity

    “Justice Deptartment?” Oh, CBSN!

  • marxalot

    Aside from the fact that this is unlawful, gross, inhumane, and actively wrong, ending DACA and actually deporting 800,000 people will have disasterous effects on the economy. For one thing, that kind of mass mobilization is expensive and most of the costs will fall on the same straitened municipalities which have no business enforcing Federal law in the first place and can only seem to find funding for military hardware, even as they cope with massive natural disasters. (People will die is what I’m saying) And then, we won’t have any food and the service sector will collapse.

    • Latverian Diplomat

      It’s just so stupid. These kids are the ideal immigrants. They are already assimilated.

      • Celtic_Gnome

        They’d be the perfect immigration candidates Steve Bannon advocated for, except for that non-white skin thing, of course.

    • shivaskeeper

      It will all work out. They will get sent back to whatever shitholes they came from and preach the gospel of Supply Side Jesus. Then something, something, derp, argle bargle, something. Steve King told me so.

      • Celtic_Gnome

        I imagine they’ll have a lot of things to say about their former home to their new friends.

        • shivaskeeper

          Steve King seems to think so. They will basically start bringing in Supply Side Jesus and large enclaves of unfettered capitalism. It will be good way and glorious and will remake Central and South America over in our image practically overnight.

    • Lascauxcaveman

      Yeah, the funding for 800,000 deportations. Who’s gonna pay for that shit? Not many municipalities I know of are going to cooperate with the feds on that end of the deal. “Go ahead, DOJ, sue us; we’re broke, too.” The many billions of dollars it’ll take to git ‘er done? Like the R congress has enough juice to raise that kind of money for that kind of thing? Yeah, right.

      The devil is in the details.

    • Celtic_Gnome

      I hear North Dakota’s having a drought, also too. Who knew they had droughts that far north?

  • Rick Hill

    The magic preznitin wand has a few provisos, a couple of quid pro quos, limitations, exemptions….
    Who knew?

    • Msgr_MΩment

      Wilmot Provisos, wilmot problems.

  • Latverian Diplomat

    I’m not a lawyer, but ending a program created by executive order would seem to be easier to defend than beginning a new program like the travel ban. It’s a return to a previous status quo.

    Misusing information gathered by the DACA program is a huge issue though. I’m just afraid that Gorsuch & Company will believe Sessions when he pinky-swears they won’t do that.

    • Msgr_MΩment

      “Believes” as in “wink, wink, say no more”.

      • Latverian Diplomat

        Precisely.

    • Michael Smith

      I think their only constitutional path is to say that the DACA program, which was not unconstitutional in the first place despite what wingnuts say, vested certain valuable rights in the individuals who qualified under this program, and that ending the program will take those valuable rights away without due process of law. Kind of like taking someone’s stuff without a warrant.

      • Latverian Diplomat

        I hope so. And I hope that works.

        But due process under immigration law is already such a fucked up mess, it seems to me.

      • Celtic_Gnome

        Kind of like taking someone’s stuff without a warrant.

        Thank God we don’t do that.

    • Celtic_Gnome

      They were required to provide that information for entry into the program. If the government now uses that information to deport them, they’ve violated their fifth amendment rights against self-incrimination.

      They don’t even do that to stone-cold mob killers.

      • TEX Dept. of Space Tacos

        i think you have to be “in jeopardy” of arrest or something for that to imply.
        Just as a thought experiment, the police can use the home address you gave when getting your driver’s license to find you and that’s not a 5th A violation.

        • Maxine Headroom

          I’d think their status as undocumented immigrants would be sufficient jeopardy of arrest/deportation for the 5th Amendment to cover the information they gave the government under DACA? At least I’d hope so…

  • ariel_gee_398

    I hope I’m wrong, but the claims in this lawsuit don’t look terribly strong to me. The bit about using the info is a decent claim, but I think the DREAMers themselves have standing on that, I don’t know that the states really do.

    It reads to me like a bit of politicking by Schneiderman, which I think should be avoided since prosecutions may fall to him in the Russia investigation. He needs to avoid any appearance of bias.

  • Indiepalin

    The only time I feel perfectly cromulent is when stand up from the toilet.

    • Latverian Diplomat

      Depending on how embiggened what you left behind was?

  • alwayspunkindrublic

    Their first strategic move, obviously, should be to send Trump’s lawyers a juvenile email in the middle of the night when they’re all drunk.

  • wide_stance_hubby

    You know, it would be great optics if Dolt 45 was to spend the day picking lettuce in the hot Arizona sun to show how eager Americans are to do these jobs.

    • alwayspunkindrublic

      He’d be dead from heart failure by the middle of the first row….as would most of the “eager Americans” in question.

      • wide_stance_hubby

        Like I said, great optics.

    • Nockular cavity

      He’ll load the lettuce onto the truck driver’s lap, like the other day when he was “helping” in Texas.

    • Msgr_MΩment

      In pink underwear, if they can find his size.

      • Mildred Broxon

        Pink tights, such as those Edward IV (The Prince of Whales) wore under his kilt when visiting Scotland.

    • Permit-holder Ron

      It’d take him until lunch just to bend down far enough.

  • GoutMachine

    I’m tempted to say “Eric Schneiderman for president” but we need him as the cop on the beat. Dude is doing the Lord’s work.

  • Michael Smith

    “Pfft. It’s not like ‘due process’ is in the Constitution, is it?”

    The wingnuts will say that isn’t relevant because the Constitution doesn’t protect the rights of non-citizens. However, even if that were true, the government made an implicit agreement with DACA applicants that the information would be used to protect them rather than persecute them. The government is now breaching an agreement which it freely entered, regardless of the citizenship status of the other party.

    Of course, using sweet promises to get people to let their guard down and then attacking them once they’ve begun to trust you is a great sociopath skill and one the U.S. used all the time in conquering the native people of this land. So there’s certainly precedent for this kind of thing.

    • jesterpunk

      Actually it does protect their rights to have guns.

      This is a pro gun site but they do have a writeup on the story.

      https://bearingarms.com/bob-o/2015/08/25/judge-rules-illegal-aliens-second-amendment-rights/

      • GoutMachine

        Yeah, but that’s the only part of the Constitution that matters/exists.

      • Michael Smith

        The argument that the Constitution doesn’t protect non-citizens is, I think, pretty flimsy. The rights were intended to limit the power of the government, right? So what does it matter whether their overreaching harms a citizen or a non-citizen?

        I was just providing an alternative to a constitutional argument.

      • PubOption

        Interesting, as I understand that legal immigrants are not permitted to own guns under Federal law.

    • Finnibar87

      The US Constitution does cover immigrants to some extent, mostly in the 5th.

      The precendent to recognize the constitutional rights of foreigners in America was set by SCOTUS in 1898.

      • Michael Smith

        Was that the one with the Chinese laundromats?

        • Finnibar87

          Something like that, back when Chinese immigrants frightened the bejeebers out of America way more than Mexicans did.

    • Jeffocaster in the West

      “Look, the rules are what I say they are. I am Preznit, I have executive power. I get to execute power. I say execute them………”

    • Jeffocaster in the West

      I am no constitutional lawyer, but I stayed at a Holiday Inn Express.

      • Rebel Scum with permit

        Didn’t you know, every RWNJ commenter on Breitbart and Daily Caller is a constitutional law expert.

  • Blackest Noobs

    O/T: disgusting drinky drinks

    my local weekly alternative ( their words, but not really, alternative to what? the Times-DisGrace?) paper asked have i tried a beer cocktail.

    I say fuck no. no beer cocktail now, no beer cocktail tomorrow, NO FUCKING BEER COCKTAIL FORFUCKINGEVER.

    • OutOfOrbit

      i donut even know what that is

      • Mpeg

        Like, a “redeye” for example?

        • OutOfOrbit

          still a idiot all i got is boiler maker

          • Celtic_Gnome

            I like boiler makers. That’s a cocktail now? Fucking hipsters!

          • OutOfOrbit

            well, i WAS reaching for that

          • Querolous

            I knew a guy who would pour a shot of ouzo into a mug and then fill it with stout. One night he kicked out the back window of a police cruiser.

    • spangled

      shandies are delicious and refreshing and you are missing out!

      • Blackest Noobs

        no thanks. I am a Beer Purist. no, scratch that, I am a Beer Supremacist.

        • Msgr_MΩment

          Pilsner, Pilsner, über alles,
          über alles in der Welt

          • Blackest Noobs

            you get it.

      • Rebel Scum with permit

        Up in Alaska I got to try a beer that had raspberries included in brewing process somewhere. It wasn’t sweet or overwhelming.

        • PubOption

          Belgian style framboise?

      • Latverian Diplomat

        In my experience, beer cocktails are nice brunch drinks.

      • NastyBossetti

        I’m with you. A nice shandy or radler on a hot summer day is perfection.

    • Finnibar87

      Something went wrong with your beverage?

      • Blackest Noobs

        not my drink, i would never ever ever ever order such a drink.

        i want a beer…a good beer…not one that taste like liquor puke.

        • Finnibar87

          When I did drink beer, I liked Old Peculiar a lot.

          Alas, I lost my taste for beer. Yeah, it happens.

      • Msgr_MΩment

        Something’s flattened my cola
        Something’s wrong with my brew
        Something’s rotten in Idaho
        And I don’t know what to do.

    • SayItWithWookies

      It’s not beer and it’s not a cocktail. Kinda like jazz-rock.

      • GoutMachine
        • Major_Major_Major

          I also come with a slice of canteloupe at the end. TMI?

          • Msgr_MΩment

            I’ll just skip the Produce Section this morning, thank you.

        • SayItWithWookies

          If I’m eating brunch while listening to jazz-rock, I’m gonna want a tangelo.

      • Blackest Noobs

        oh now you’ve done it….stated something even worse….jazz-rock…pfft!

        • Nockular cavity

          I’d argue that “tequiza” is even worse than jazz-rock.

          Or even canned clams.

          • Blackest Noobs

            in the nuclear holocaust, we will subsist on canned clams.

          • Invisible Bunyip

            And the lucky ones will be those who did not survive the initial attack.

          • Blackest Noobs

            i dunno the survivors might get mutant powers and perhaps Thundarr the Librarian might make an appearance.

    • Crack open a cold one and hold it in your right hand. With the left hand grab the shot glass full of your favorite spirit and drink it. Pause to savor the flavor. With the right hand tilt the cold one up to your lips and sip.

      And so it goes, the beer cocktail.

      • Jeffocaster in the West

        Or a boilermaker……….

        • LucindathePook

          Go Purdue.

      • Rebel Scum with permit

        So what the college kids do with Jagermeister is actually a beer cocktail ? Although there isn’t much sipping involved.

      • Blackest Noobs

        uh that just liquor with a chaser…which is fine…but not the shit they’re trying to serve out there…it’s bad enough that Budweiser got a beer called a Lime-a-rita.

        i see that, and i shake no my head, think what lame asshole come up with that one…probably a fucking lazy one who is scared of cutting his/her own limes.

    • Jeffocaster in the West

      Listen. Beer at “craft” breweries has become an abomination. Pumpkin infused beer. All sorts of fruity flavors. I used to joke with the daughter about broccoli beer, until she found a place in Brooklyn that actually made it!!!!!!

      Ah for a porter or stout, or a delicious lager. (with no broccoli)

      • Finnibar87

        Who the fuck looked at a nasty ass pumpkin and decided

        ‘My, my, this is a nice fruit! Why not add pumpkin flavor to everything, but ONLY IN OCTOBER? ‘

        On second thought, don’t tell me, I could well go homicidal over fucking pumpkin spice.

        • PubOption

          I was surprised to see pumpkin beers when I came to St. Louis, but I tried a few and found that some were decent. The problem is that the brewers rarely repeat the previous year’s recipe, so every year can be a new voyage of discovery.

        • Raan

          Middle class white women who don’t vaccinate their kids.

      • Rags

        How about chocolate chip cookie dough beer? (for realz).

      • MrTusks

        Jesus Christ, I can’t buy a variety pack around here without it being polluted with some cherry or apricot swill. Or it has three fucking (totally different, we promise!) IPAs.

      • Blackest Noobs

        one of the brewery made an infusion of dark chocolate and some sort of hot pepper…IT LITERALLY TASTED LIKED LIQUOR PUKE.

        from that moment on i never wanted to taste a beer a friend was trying because i can no longer trust my friend’s judgement.

    • natoslug

      The closest I will get to a beer cocktail is drinking a Gose, and even that is only if I am already drunk, or there is absolutely nothing else left, including puddle water. Gose, if you are not familiar with it, is an insipid beer that is dry-hopped with a heavily-used (and never washed) jockstrap, salted, then left at room temperature until it is nearly flat. Thrillist did a write-up on Gose a few years back, but were far too kind: https://www.thrillist.com/drink/nation/craft-beer-is-dead-gose-ruined-craft-beer

      • Blackest Noobs

        there’s this brewery in town that is all the rage, like on tuesdays they have beer releases ( into the wild of white boys with khaki pants and polo shirt douchery)…like people line up for that shit…and yeah they make decent citrus-heavy beers ( but seriously YUCK YUCK…might as well call it wine, you hipster-fucks) apparently but i just dunno about those people on fucking tuesdays.

        really…you would stand in a long line to get citrusy beers….what has become of the world when we’re too much of a weenie to drink a real beer.

        • natoslug

          I drank sweet fruity and citrusy beers. When I was 21. And it was 1989. And craft beer was a fairly new thing in the area. It was my first foray beyond horse piss MGD and Coors.

          • Blackest Noobs

            a fav of mine is Natty Bo ( national bohemian)…it’s dirty cheap and doesn’t taste like ass.

    • Rags

      How about beer schnapps?

      • Blackest Noobs

        no, definitely no…you can drink it, i choose not to….

    • Mr. Blobfish

      They’ve ruined National Beer Lover’s Day for all of us.

    • SeeTrain65

      How about a boilermaker in one mug?

      BAM! COCKTAIL!

      • Blackest Noobs

        ok…i’ll see you at a boilermaker but i don’t get that kinda drunk anymore.
        that’s Kandahar Dayz drunk.

  • Msgr_MΩment

    “While the plaintiffs in Wednesday’s lawsuit may believe that an arbitrary circumvention of Congress is lawful, …”

    States’ Rights for me, but not for thee…

  • SayItWithWookies

    “But — but they’re so much easier to catch than the ones we have to look for — and they’re law-abiding and not dangerous. Don’t make us go after the dangerous criminals — they’re hard to find, violent, and they bring our statistics down.”
    — distillation of whatever response the Trump administration has

  • Finnibar87

    DACA now sounds a lot like entrapment.

    • doktorzoom

      No kidding. That’s especially nauseating.

      • Debbie the Unpaid Protester

        This is something I hadn’t realized before now. I can’t even.

        The night Donnie 2-Scoops was elected, every cell in my body felt sick with terror– in what I had hoped was an overreaction. I feel sick all over again this morning.

        • SeeTrain65

          I get sick of this every morning. I still haven’t gotten used to it.

  • Joe Beese

    FWIW: Pelosi said Trump told her he’ll sign the DREAM Act if it passes.

    • GoutMachine

      Well, Trump’s word isn’t worth shit, so …

    • Msgr_MΩment

      Nancy should know that that man’s promised tons of other crap to tons of other women that he had no intention of delivering on.

      • Rebel Scum with permit

        Did he take her furniture shopping, also?

    • Rachel Book Harlot

      Since when has Trump ever kept his word?

  • Panika MCD

    classic case of “sued if you do, sued of you don’t”.

  • Timothy Watson

    “The ACLU has argued that DACA is in fact perfectly cromulent under the Constitution. Even so, there’s no telling whether the states’ lawsuit will be successful, since as the government argued during the travel ban cases, the president has broad authority in setting immigration policy and priorities — which was Barack Obama’s justification for the executive action in the first place.”

    Can the parties suing Trump for this Muslim ban point out that the executive branch is claiming they don’t have the authority to for DACA but they do for his Muslim ban?

    • Michael Smith

      Well that might be dangerous – ideally we’d like to have DACA be constitutional, but have the Muslim ban be unconstitutional, and implying that there’s no difference between them might be a bad long-term strategy.

      • Timothy Watson

        But Trump isn’t going to reenact DACA from the executive branch, it’s going to take Congressional action whose power would be much broader.

        But right now Trump is saying the executive branch lacks the authority for DACA but has all the authority it wants to enact a Muslim ban. Those seem to be contradictory arguments to me.

        • Michael Smith

          Oh they definitely are.

        • Latverian Diplomat

          “The President is empowered to make people miserable, it says nothing here about making people’s lives better, or even just leaving them the fuck alone, frankly.”
          — Neil Gorsuch muses on the issue

          • Rachel Book Harlot

            Turnip hires only the best people.

  • Wolf Tracker

    That lawsuit was announced yesterday and probably put some pressure on Trump to work with Dems on a new DACA bill.

    It would depend on the decision of the Red states case against DACA. If it is found unconstitutional it would have to go to SCOTUS and the Blue state suits could be enough to make SCOTUS put the lower court decision on hold while they process it which could take a long time.

    In the meantime I think they will get a DACA bill through congress that makes all those cases moot.

    • Finnibar87

      Then Trump the Idiot can brag about how he got way more done than Obama ever did.

      • Celtic_Gnome

        If it saves the DACA kids, fine. He was going to do that anyway.

  • Scooby

    Any one should be able to come and stay if they can score higher on an ESL test than Trump.

    • Latverian Diplomat

      Question 1: Please list as many synonyms for ‘big’ as you can.

      “Well, there Yooge, and uh… um…”

      • bookish

        I watched that clip of Trump’s SD speech. He sounded like a simpleton. He really does seem to be in cognitive decline.

        • Latverian Diplomat

          It was never a big hill to have to slide down from.

          • bookish

            I feel sorry for the guy, being as I am an old myself. But I’m not the president, nor should I be. Nor should he. He hasn’t got the capacity, on so many levels.

        • Yellerduck

          I recently heard an outtake of an interview Trump gave in 1999 or so. Agreement aside, his answers were clearly on point and his speech was organized and relatively complex. Something has obviously changed since then.

  • Bub, the cynical zombie

    OT, but important. I have discovered the reason for Twitter’s existence:

    https://twitter.com/dog_feelings/status/905251104069431301

    • SomeBigRedDog

      He recently got stuck in the bathroom. That thread is hilarious.

    • The Librarian

      Following now, thnx!

    • JustPretendImNotHere

      I am now laughing hysterically, causing one of my own three dogs to give me the side-eye.

    • Sophia

      That thread is great.

  • The Librarian

    Number whatever in Trump’s book of pandering to his debased and trying to fulfill “promises” made to the lowest common denominator of our species.

  • Cogswell – In a Mirror, Darkly

    Perhaps a better question to ask is, “who isn’t.”

  • msanthrope

    “I trusted the government, now my dick glows in the dark.”

  • Bitter Scribe

    “Give me your tired, your poor, your yearning to breathe free. I’ll piss on ’em.”
    –Lou Reed

  • Celtic_Gnome

    You know, you can call me a hypocrite all you want for applauding these actions while arguing that Barack Obama had broad authority to set immigration policy. I’ll own it with a capital H. Republicans do this sort of thing all the time, respond with a hearty “meh” when the H word is thrown at them, and get what they want.

    So, I should take the high road, not fight with every weapon available, and wave bye-bye to 800,000 DREAMERs and their families with a hearty, “At least we fought honorably.”

    • TEX Dept. of Space Tacos

      eh, I’d argue broad authority doesn’t mean unlimited authority. I’m not well read or educated on the subject, but there may be an actual difference between the Obama treated it and the way Trump and Co. are treating it.

    • It is not really hypocritical however. Since saving people is sorta our gig and all.

      What IS hypocritical is Trump declaring he has presidential authority for the muslim ban, but suddenly presidents do NOT have authority for DACA.

  • TEX Dept. of Space Tacos

    after all his talk about big heart, I saw a headline saying Trump has no second thoughts about it.

    • phoenix00

      Allegedly big heart, factually zero brains.

  • Mike Steele

    Seems to us that one of the reasons Cheeto is getting a bit squishy on this is the sudden – long overdue? – attention being given all those RUSSIAN anchor babies, with dual US-Russian citizenship, being birthed while Mater/Pater are dropping $75-large to spend their ‘labor days’ chilling out at a Trump property in FL, ‘as seen on TV’ in Moscow. Such a YUUUGGEE story. So little coverage by MSM. Let’s hear the rest of the story….

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