Thursday, February 9th, 2017

They Still Have Their Dream: Why Kris Kobach’s Vitriol-Based Lawsuit Will Fail

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"[O]ne cannot separate the vitriol against DREAMers in states like Arizona and the law suit challenging DACA.  They emanate from the same xenophobia against immigrants without being able to see that the deserving beneficiaries of DACA are out of status for no fault of their own, and even if one pinpoints the blame on their parents, the reason for such a huge undocumented population is because of a broken immigration system that does not provide sufficient avenues to legalize oneself.  This law suit challenging DACA, along with the opposition to DACA by the Arizona and other states, essentially challenges the federal government’s authority to exercise prosecutorial discretion.  We think this is a losing proposition.  In the Arizona v. USA decision, the Supreme Court acknowledged the federal government’s role in exercising prosecutorial discretion, where Justice Kennedy writing for the majority in that decision noted