Published: Sun, November 11, 2018

US appeals court won't let Pres. Trump immediately end DACA

US appeals court won't let Pres. Trump immediately end DACA

His latest setback before the 9th Circuit came on Thursday when a three-judge panel rejected his bid to rescind a program launched by his Democratic predecessor, Barack Obama, that protects from deportation hundreds of thousands of illegal immigrants brought into the country as children.

A three-judge panel of the US 9th Circuit Court of Appeals, based in San Francisco, ruled unanimously in favor of a lower court's preliminary injunction against the administration's attempt to phase out Deferred Action for Childhood Arrivals.

The ruling represented another legal defeat for Trump concerning Daca, although he has won court victories on other parts of his tough immigration policies.

In January, Attorney General Becerra - joined by the Attorneys General for Maine, Maryland and Minnesota, as well as the University of California, individual DACA recipients and other plaintiffs - secured a nationwide preliminary injunction halting the Trump Administration's action to end the DACA program.

Mr Trump said on yesterday that he saw potential to work with Democrats, who won control of the House of Representatives this week, but he would have to see how the Supreme Court rules on the issue.

The 9th U.S. Circuit Court of Appeals said the administration cut corners and gave an unconvincing explanation of why it thought it had to phase out the DACA program.

An email to the US Department of Justice was not immediately returned. "If the Supreme Court.makes the decision based strictly on presidential history and legal analysis, DACA should remain a valid program", Duggal says.


The Dreamers also made an Equal Protection constitutional argument that both the panel and concurring Judge John Owens found valid: The Trump administration eliminated DACA out of hostility to Latinos. Trump's action sparked an outcry from immigration advocates, business groups, colleges and some religious leaders.

In addition, a federal judge in Washington in August ordered the administration to fully restore Daca, including taking new applications.

A lawsuit by a group of young Americans, which asserts the US government is harming them by having created a national energy system that causes climate change, is on hold again after a federal appeals court Thursday granted the Trump administration's motion for a temporary stay.

While the federal government might be able to end DACA for policy reasons under its own discretion, it can't do so based on Sessions' faulty belief that the program exceeds federal authority, the court held.

It is one of the series of powerful regional federal appeals courts that are one step below the Supreme Court.

Doan added while Thursday's ruling was a win for the UC, Congress must enact permanent protections for DACA recipients including a path to citizenship, so students will not have to worry about their futures.

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