Sunday, 18 November, 2018

US Appeals Court Rules Against Trump on DACA

US appeals court rules against Trump on DACA Federal appeals court rules against Trump administration on DACA
Pablo Mccormick | 11 November, 2018, 03:48

A USA federal appeals court rebuffed the administration of President Donald Trump on Thursday by keeping in force the Deferred Action for Childhood Arrivals (DACA) program, which protects undocumented immigrant youth from deportation.

The U.S. Court of Appeals for the 9th Circuit ruled to uphold a nationwide injunction on Thursday, saying that the Trump administration had not given adequate reasoning to back up its decision to terminate the protections and that the Obama administration had not acted outside of its powers, as the current administration has alleged.

The ruling comes just days after the Trump administration asked the Supreme Court to take over three cases concerning pending lawsuits that seek to preserve DACA.

The Deferred Action for Childhood Arrivals program was begun in 2012 by President Barack Obama and has protected almost 700,000 people brought to this country as children.

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The program has always been legally suspect and eight months after Mr. Trump took office, facing the immediate threat of a lawsuit, the administration announced it would attempt a phaseout.

That was incorrect, Wardlaw wrote, noting that the federal government has a long and well-established history of using its discretion not to enforce immigration law against certain categories of people. But the president's action drew immediate legal challenges. She said executive agencies do not have the resources to deport every undocumented individual, which led Obama to pause deportation proceedings for minors through the creation of DACA. Today's decision exemplifies the importance of the courts in protecting our rights and reminds us why we must continue to fight against President Trump's efforts to stack the courts with narrow-minded elitists pursuing a right-wing ideology.

The Trump administration moved to end the program in 2017 after Texas and other states threatened to sue to force an end to the program.

According to the Associated Press, the case could head to the U.S. Supreme Court.

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Lawsuits both challenging and supporting Trump's decision to end DACA have been working their way through the courts, making it likely the issue will wind up in front of the Supreme Court.

San Francisco-based U.S. District Judge William Alsup decided in January the government must continue processing renewals of existing DACA applications while litigation over the legality of Trump's action is resolved. The administration cited a 2015 ruling by another U.S. appeals court that blocked a separate immigration policy implemented by President Barack Obama.

Mr Mooppan said the administration was under no obligation to consider the fact that people had come to rely on DACA.

"The 9th Circuit is an easy punching bag for Trump because not only has it been traditionally liberal but California is its beating heart, and we all know how Trump fares in California", said Barry McDonald, a law professor at Pepperdine University in Malibu.

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Although the 9th Circuit's ruling went against the government, the decision likely helped the government's cause at the Supreme Court, because the justices rarely grant petitions for review before the courts of appeals have ruled; the justices prefer to have the benefit of those courts' opinions, even if they often do not follow them.

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