Wednesday, 14 November, 2018

US Appeals Court Rules Against Trump on DACA

A U.S. appeals court in California ruled on Thursday that President Donald Trump's administration must continu US appeals court rules against Trump on DACA
Patty Aguilar | 11 November, 2018, 03:50

President Donald Trump says he hopes a legal battle over an Obama-era program shielding young immigrants from deportation goes to the Supreme Court.

"We conclude that plaintiffs are likely to succeed on their claim that the rescission of DACA -at least as justified on this record-is arbitrary, capricious, or otherwise not in accordance with law", reads the opinion from Judge Kim McLane Wardlaw.

Earlier this week and before the 9th Circuit had ruled, the Department of Justice asked the U.S. Supreme Court to intervene by reviewing the three rulings blocking the administration's plan to terminate DACA.

California Attorney General Xavier Becerra responded to today's decision in the U.S. Court of Appeals for the Ninth Circuit in the case Regents of the University of California, et al., v.

The 9th Circuit ruling does not impact a nationwide injunction to preserve DACA issued by U.S. District Judge Nicholas Garaufis in Brooklyn in February, which also has been appealed.

"While we are disappointed in with today's ruling, we are pleased that the court has finally acted and that the Supreme Court now can consider our petition for review", said spokesman Steven J. Stafford.

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.

The Ninth Circuit panel agreed with the trial court, concluding that the Obama administration indeed did have the authority to adopt DACA.

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The Trump administration has said it moved a year ago to end DACA because Texas and other states threatened to sue, raising the prospect of a chaotic end to the program.

That said, the judges also declined to dismiss claims that the government's action might violate the constitutional rights of DACA recipients.

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.

In the US, 90 percent of DACA recipients, also known as Dreamers, who are aged 16 and older are employed, according to research from the New American Economy, self-described as a bipartisan research and immigration advocacy organization. "The Justice Department will continue to vigorously defend its position on this matter, and looks forward to vindicating that position before the Supreme Court".

San Francisco-based US 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.

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

"Had the judge not ruled that way, I think we would have made a deal", Trump said at a news conference.

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