U.S. Appeals Court Rules against Trump on DACA Policy

Remigio Civitarese
Novembre 11, 2018

A federal appeals court in San Francisco ruled against the Trump administration Thursday, saying the government can not immediately end the DACA program that gives young undocumented immigrants a chance to continue living and working in the USA without the threat of deportation.

The ruling represented another legal defeat for Trump concerning Daca, although he has won court victories on other parts of his tough immigration policies.

A liberal-leaning California-based federal appeals court that has often ruled against President Donald Trump dealt him another setback this week in a major immigration case and soon could be asked to weigh in on a pipeline project he has championed.

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.

Following Trump's announcement in September 2017 of the plan to end DACA, the Reform movement's Religious Action Center called on him to reconsider.

DACA offers protections to roughly 700,000 young adults, mostly Hispanics, who entered the country as children.

US District Judge William Alsup rejected the argument that then-President Barack Obama had exceeded his power in creating DACA and said the Trump administration failed to consider the disruption that ending the programme would cause.

On Monday, the United States Department of Justice and the US solicitor general filed a petition asking the Supreme Court to decide the issue before the ninth circuit court made its decision.

An email to the U.S. Department of Justice was not immediately returned. Indeed the Justice Department earlier this month had asked the high court to hear a series of DACA cases even before they were decided in lower courts, saying it was critical the justices tackle the matter this term.

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

Trump had proposed ending the protections a year ago in an effort to spur congressional action to fix the problem.

Without a better explanation, the decision was arbitrary - a violation of federal procedural law, the court ruled. Trump's action sparked an outcry from immigration advocates, business groups, colleges and some religious leaders.

In response, many lawsuits were filed across the USA including one in California.

DACA proponents have also argued that Trump's planned termination of the program violates federal law requiring adequate notice-and-comment periods before certain federal rules are changed, as well as other constitutional equal protection and due process guarantees.

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. That decision was stayed pending appeal.

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