AG Becerra Hails Victory for Dreamers Following Ninth Circuit Decision on DACA

11 November, 2018, 03:49 | Author: Myra Gill
  • Trump administration can't end Obama-era protections for 'dreamers,' federal appeals court rules

A federal appeals court ruled Thursday that President Trump and his team goofed in trying to cancel the Obama-era DACA deportation amnesty for illegal immigrant "Dreamers", saying that while they may have the power to erase the program, they must do it properly.

A three-judge panel of the US 9th Circuit Court of Appeals, based in San Francisco, ruled unanimously in favor of a lower court's preliminary injunction against the administration's attempt to phase out Deferred Action for Childhood Arrivals.

The ruling represented another legal defeat for Trump over DACA, although he has won court victories on other parts of his hardline immigration policies.

Trump said on November 7 he saw potential to work with Democrats, who won control of the House of Representatives this week, but would have to see how the Supreme Court rules on the issue.

Negotiations to settle government policy concerning DACA recipients have failed to produce new legislation in Congress since Trump took office.

DACA has protected some 700,000 people who were brought into the USA illegally as children or came with families with expired visas.

Now that an appeals court has made a decision, UT law professor Stephen Vladeck told CNN the Supreme Court will likely have the final say in Trump's ability to terminate DACA.

An email to the U.S. Department of Justice was not immediately returned.


The administration had been impatiently awaiting the 9th Circuit's decision on DACA, after oral arguments last spring.

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

Daniela Rojas, a DACA recipient and the youth organizer for Jolt Texas, a Latinx empowerment organization, said the court's decision was good news, but she wants a permanent solution.

Trump's move previous year had called for the programme to begin winding down this past March. Arguing that the Supreme Court would inevitably have to weigh in on the DACA dispute, the government urged the justices to go ahead and do so now, without waiting for the courts of appeals to rule. Trump's action sparked an outcry from immigration advocates, business groups, colleges and some religious leaders. As a result of the preliminary injunction, United States Citizenship and Immigration Services resumed accepting requests to renew deferred action under DACA.

Trump's decision to end it prompted lawsuits across the nation, including one by California.

In its filing on Monday, the federal government complained that the 9th Circuit had heard oral argument in the dispute in mid-May but had not yet issued its ruling.

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. That decision was stayed pending appeal.

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