Judge: DACA legal advice must be made public
Source: Politico
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.”
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Read more: http://www.politico.com/blogs/under-the-radar/2017/10/17/judge-dreamers-immigrants-legal-advice-243889
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