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Eli Kantor is a labor, employment and immigration law attorney. He has been practicing labor, employment and immigration law for more than 36 years. He has been featured in articles about labor, employment and immigration law in the L.A. Times, Business Week.com and Daily Variety. He is a regular columnist for the Daily Journal. Telephone (310)274-8216; eli@elikantorlaw.com. For more information, visit beverlyhillsimmigrationlaw.com and and beverlyhillsemploymentlaw.com

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Tuesday, March 06, 2018

Maryland judge strikes down DACA challenge

Politico Pro
By Brent D. Griffiths
March 05, 2018

A federal judge in Maryland on Monday struck down a a challenge to President Donald Trump’s decision to end protections for undocumented immigrants, stating that while he does not agree with Trump’s move, it is not his job to set immigration policy.

“This Court does not like the outcome of this case, but is constrained by its constitutionally limited role to the result that it has reached,” Judge Roger Titus wrote in his very revealing opinion. “Hopefully, the Congress and the President will finally get their job done.”

Titus’ ruling strikes down a challenge from a number of individuals, known as DREAMers, along with a number of immigrant rights groups. While unsuccessful, other federal court rulings have kept aspects of the Deferred Action for Childhood Arrivals in place, including allowing for people already under the approval to apply for renewals.

The Department of Justice praised the ruling and said it shines a light on similar actions others have taken to try to delay Trump’s policies.

“Today’s decision also highlights a serious problem with the disturbing growth in the use of nationwide injunctions, which causes the Maryland court’s correct judgment in favor of the government to be undermined by the overbroad injunctions that have been entered by courts in other states,” Justice Department spokesman Devin O’Malley said in a statement.

Citing Judge Gonzalo P. Curiel — who the president complained about during campaign for having bias because of his “Mexican” heritage — Titus wrote that it is not the judiciary’s role to weigh in on what policies should be in place in a political debate. Curiel recently struck down a challenge to Trump’s proposed border wall with Mexico.

“An overwhelming percentage of Americans support protections for ‘Dreamers,’ yet it is not the province of the judiciary to provide legislative or executive actions when those entrusted with those responsibilities fail to act,” added Titus, a George W. Bush appointee.

Trump on Monday continued his trend of placing the blame on Democrats, who he wrote on Twitter “were nowhere to be found.” It’s unclear whether Congress will pass a deal, but the other decision took the teeth out of the deadline.

For more information, go to: www.beverlyhillsimmigrationlaw.com

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