US Appeals Court Rules Against Trump on DACA

Leroy Wright
November 12, 2018

The Trump administration announced its intention to rescind the program in September 2017.

An email to the U.S. Department of Justice was not immediately returned. Duke ordered a phased termination of the program the next day.

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

She said deferred action of various types "has been a feature of our immigration system" for decades and "has been recognized as a practical reality by both Congress and the courts".

The ruling is a small victory for DACA recipients and their supporters, but the real test comes as the Supreme Court is now expected to make a final ruling.

The 9th Circuit disagreed with the New Orleans-based 5th US Circuit Court of Appeals and said one of its conclusions did not apply to DACA.

"The government's only justification for rescinding DACA - that the program itself is legally flawed - is unfounded".

In doing so, the ruling upholds a decision from a federal district judge in January.

"In California and across our nation, Dreamers significantly enrich our communities as scholars, entrepreneurs, first responders and much more", said Xavier Becerra, California's Democratic attorney general.

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The U.S. Justice Department has already appealed Alsup's ruling to the Supreme Court.

"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.

The other lawsuits ruled on by the 9th Circuit were filed by the city of San Jose; six individuals; and Santa Clara County together with the Service Employees International Union.

Lawsuits by California and others challenging the administration's decision will continue in federal court while the injunction stands.

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.

Trump has suggested his policies do not get a fair shake in the 9th Circuit and has touted the idea of breaking up that court. Trial was supposed to have begun in federal court in Eugene, Oregon, in late October but was delayed when the U.S. Supreme Court temporarily put the trial on hold.

"Given the urgency of climate change, we hope the Ninth Circuit will recognize the importance to these young Americans of having a prompt trial date", said Philip Gregory, co-counsel for the young plaintiffs.

Judge Jacqueline Nguyen questioned whether courts could intervene if they thought DACA was legal and disagreed with the administration's position that it wasn't.

Trump's attempt to rescind the program was also initially blocked by judges from lower courts in Washington D.C. and NY.

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