Appeals court rules against Trump DACA phaseout

Trump administration can't end Obama-era protections for 'dreamers,' federal appeals court rules

A US appeals court ruled to block the Trump administration's attempt to end the Obama-era program that keeps young immigrants from deportation.

The decision by the San Fancisco-based 9th US Circuit Court of Appeals preserves the Deferred Action for Childhood Arrivals (DACA) programme introduced in 2012 that has shielded from deportation a group of immigrants dubbed "Dreamers" and given them work permits, though not a path to citizenship.

The US Supreme Court could eventually decide the fate of DACA, which has protected some 700,000 people who were brought to the US illegally as children or came with families that overstayed visas.

"In this ninth circuit decision, the court reviewed 100 years of presidential administration decisions that are immigration-related", says Duggal, who adds that based on that analysis, the three-judge panel found former President Obama had the authority to create DACA with an executive order.

The 9th Circuit has handed him defeats on his travel ban targeting people from several Muslim-majority countries and his bid to withhold federal funds from so-called sanctuary cities that limit cooperation on immigration enforcement.

During a hearing in May, Deputy Assistant Attorney General Hashim Mooppan argued that the courts could not review the administration's decision to end DACA and defended the move against assertions that it was arbitrary and capricious. Then, on November 2, the Supreme Court declined to stop the lawsuit but told the Trump administration that the government can still petition a lower court to dismiss the case as the government had asked the high court to do.

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Wardlaw and Nguyen also said the plaintiffs would likely win on their claim that rescinding DACA would violate federal administrative law. "The Justice Department will continue to vigorously defend its position on this matter, and looks forward to vindicating that position before the Supreme Court". "That is a perfectly rational thing to do".

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.

Wardlaw said the Obama administration was within its powers to enact DACA because it had to make a choice about how to direct limited resources in deporting undocumented immigrants and made a decision to spare those who came as children, had not committed crimes and were students or in the military.

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

The administration in February unsuccessfully appealed Judge Alsup's ruling to the Supreme Court. 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.

The high court has not responded to that request.

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