DACA Lawsuits Could Impede Travel Ban Opponents in Supreme Court

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The lawsuits against President Donald Trump over his ending the Deferred Action for Childhood Arrivals program could affect arguments against his controversial travel ban, Politico reports.

One of the leading arguments against the travel ban links it to Trump’s statements about Muslims that was made during the campaign, prompting questions over whether campaign rhetoric should be considered when challenging legislation. Opponents of his ending DACA have raised similar comparisons between this decision and his comments on Latinos and Mexicans in particular.

“This may backfire on them. … There has to be some kind of coherent limit to this,” Josh Blackman, a South Texas College of Law professor, told Politico. “If you take the position that everything that Trump ever does affecting Latinos or Mexicans is tainted by his ‘rapists’ comments… then his entire foreign policy to Latin America cannot exist. … They’re saying he has a dark heart, an evil heart, and that taints any of his actions.”

A suit filed by 15 states in federal court on Wednesday argues that his repeal of DACA is directly related to a bias against Latinos, as shown by his comments about Mexicans made during the campaign.

“President Trump has a long history of disparaging Mexicans, who comprise the vast majority of DACA grantees,” the complaint reads, according to Politico. “As President Trump’s statements about Mexico and those with Mexican roots show, the President has demonstrated a willingness to disparage Mexicans in a misguided attempt to secure support from his constituency, even when such impulses are impermissible motives for directing governmental policy.”

Trump’s decision, according to the complaint, was “motivated, at least in part, by a discriminatory motive and/or a desire to harm a particular group.”

Several judges, including 9th U.S. Circuit Court of Appeals Judge Alex Kozinski wrote in a dissenting opinion on the travel-ban that “Candidates say many things on the campaign trail; they are often contradictory or inflammatory… No shortage of dark purpose can be found by sifting through the daily promises of a drowning candidate. … Why stop with the campaign. … This path is strewn with danger.”