A federal appeals court has ruled that President Donald Trump can not revoke protections enshrined by the Obama-era Deferred Action for Childhood Arrivals program, ensuring that the program will continue to benefit its undocumented recipients for the time being.
The three-judge panel of the 9U.S. Circuit Court of Appeals voted unanimously to uphold a preliminary injunction that said President Donald Trump could not end the Deferred Action for Childhood Arrivals program.
When the Trump administration announced the end of DACA, they did not present it as a policy choice by a new president exercising his authority under the immigration statutes.
On Monday, the administration took the unusual step of asking the US Supreme Court to review the case, which stems from a federal judge's January decision to block Trump from ending Daca, even though the appeals court had yet to rule. The Obama-era program, which staves off the deportation of about 700,000 undocumented immigrants brought to the U.S.as children, was rescinded in September of 2017.
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 in February unsuccessfully appealed Judge Alsup's ruling to the Supreme Court.
The Trump administration has said it moved to end the program previous year because Texas and other states threatened to sue, raising the prospect of a chaotic end to DACA. "If the Supreme Court.makes the decision based strictly on presidential history and legal analysis, DACA should remain a valid program", Duggal says. 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 states had been successful in stopping an extension of a different program proposed by Obama, called the Deferred Action for Parents of Americans and Lawful Permanent Residents program (DAPA).
The 9th Circuit ruled that challengers to the decision to end DACA are likely to succeed in their argument that the planned phase-out is illegal.
In response, many lawsuits were filed across the USA including one in California.
Trump's attempt to rescind the program was also initially blocked by judges from lower courts in Washington D.C. and NY. That decision was stayed pending appeal.
Now that the 9th Circuit has ruled, "it seems much more likely that the justices will agree to the government's already-pending request that they settle the matter, perhaps as soon by the end of the current term in June", Vladeck added.
Options that have been discussed are extending DACA or providing a path to citizenship in exchange for funding for a wall along the US-Mexico border.