DHS ordered to turn over DACA deliberations

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By Tal Kopan, CNN
Updated 6:44 PM ET, Tue October 17, 2017

Washington (CNN) A federal judge has ordered President Donald Trump's administration to reveal internal deliberative documents that went into the decision to rescind the Deferred Action for Childhood Arrivals (DACA) program, a partial victory for groups challenging the rescission in a California federal court.

Judge William Alsup on Tuesday ordered the government turn over the records by October 27 and said they must appeal "very promptly" if they desire to do so.

The order comes as a product of several lawsuits that are being heard together in the Northern District of California, including challenges from the University of California and its president, DACA author and former Department of Homeland Security Secretary Janet Napolitano, the state of California and local jurisdictions. All have challenged the administration's right to end DACA, an Obama-era program that protected young undocumented immigrants brought to the US as children, without lengthier procedural steps, and have sued to block the sunset of the program. Recipients with permits expiring by March 5 were allowed to renew, but the two-year protections will begin running out March 6 ...

http://www.cnn.com/2017/10/17/politics/judge-orders-daca-documents/index.html

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1. Judge: DACA legal advice must be made public

By TED HESSON and JOSH GERSTEIN 10/17/2017 07:07 PM EDT

A federal judge in California on Tuesday ordered the Trump administration to turn over emails, letters, memos and other materials related to its decision to end the Deferred Action for Childhood Arrivals program.

The order by U.S. District Judge William Alsup, based in San Francisco, also appears to cover legal advice about winding down the program, which grants quasi-legal status and work permits to so-called Dreamers.

Acting in a series of lawsuits filed over the decision, the judge said the administration had waived its attorney-client privilege by claiming the decision was driven by concerns that the program is unconstitutional.

“Defendants argue that <the Department of Homeland Security> had to rescind DACA because it exceeded the lawful authority of the agency,” Alsup wrote. "They cannot, therefore, simultaneously refuse to disclose the legal research that led to that conclusion. Plaintiffs are entitled to challenge whether this was a reasonable legal position and thus reasonable basis for rescission. In making that challenge, plaintiffs are entitled to review the internal analyses that led up to this change in position" ...

http://www.politico.com/blogs/under-the-radar/2017/10/17/judge-dreamers-immigrants-legal-advice-243889