Please ensure Javascript is enabled for purposes of website accessibility
Appeals Court Rules Against Trump on DACA Immigrant Policy
By admin
Published 6 years ago on
November 8, 2018

Share

SAN FRANCISCO — A U.S. appeals court blocked President Donald Trump on Thursday from immediately ending an Obama-era program shielding young immigrants from deportation, saying the administration’s decision was arbitrary because it was based on a flawed legal theory.

A three-judge panel of the 9th U.S. Circuit Court of Appeals unanimously kept a preliminary injunction in place against Trump’s decision to phase out the Deferred Action for Childhood Arrivals program.

Lawsuits by California and others challenging the administration’s decision will continue in federal court while the injunction remains in place.

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

Court: Plaintiffs Likely to Succeed

In Thursday’s ruling, 9th Circuit Judge Kim Wardlaw said California and other plaintiffs were likely to succeed with their claim that the decision to end it was arbitrary and capricious.

She said the court was not trying to infringe on the president’s power to enforce immigration law but wanted to enable the exercise of that authority “in a manner that is free from legal misconceptions and is democratically accountable to the public.”

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

“It’s a question of an agency saying, ‘We’re not going to have a policy that might well be illegal. That is a perfectly rational thing to do.” — Deputy Assistant Attorney General Hashim Mooppan

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

Trump’s decision to end DACA prompted lawsuits across the nation, including one by California. A judge overseeing that lawsuit and four others ruled against the administration and reinstated the program in January.

U.S. 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 program would cause.

The administration then asked the 9th Circuit to throw out Alsup’s ruling.

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.

“It’s a question of an agency saying, ‘We’re not going to have a policy that might well be illegal,'” Mooppan told the judges. “That is a perfectly rational thing to do.”

Attempt to Sidestep 9th Circuit Court

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

The judges on the 9th Circuit panel appeared skeptical of the argument that the DACA decision was beyond the court’s authority to review.

Wardlaw noted at the previous hearing that another appeals court had reviewed a similar Obama administration immigration policy.

Judge Jacqueline Nguyen questioned the government’s contention that a DACA decision was beyond the authority of the court. She also disagreed with the argument that DACA isn’t legal.

The administration has been critical of the 9th Circuit and took the unusual step of trying to sidestep it and have the California DACA cases heard directly by the U.S. Supreme Court. The high court in February declined to do so.

Federal judges in New York and Washington also have ruled against Trump on DACA.

DON'T MISS

Man Dies After Rescuing His 2 Children in Mississippi River

DON'T MISS

Is Inflation Finally Corralled? Powell Says Federal Reserve Believes It’s Close

DON'T MISS

New Village Green Park Opens in Loma Vista as Clovis Community Hub

DON'T MISS

Gomez Guilty of Murdering Los Hooligans Bass Player

DON'T MISS

Biden Says It Was a Mistake to Say He Wanted to Put Trump in a ‘Bull’s-Eye’

DON'T MISS

Dealing Blow to Biden’s Reelection Bid, Teamsters Union May Withhold Endorsement

DON'T MISS

Tesla CEO Elon Musk Appears to Confirm Delay in Aug. 8 Robotaxi Unveil Event to Make Design Change

DON'T MISS

Smittcamp Asks Court to Drop His Lawsuit Against Controversial NW Fresno Project

DON'T MISS

Measure P Arts Grants Spark Debate and a Meeting Tonight

DON'T MISS

Tedford Exits Fresno State Football. Tim Skipper Is the Next Bulldog Up.

UP NEXT

Biden Says It Was a Mistake to Say He Wanted to Put Trump in a ‘Bull’s-Eye’

UP NEXT

Trump Receives Enough Delegate Votes to Officially be Republicans’ Nominee

UP NEXT

Gov. Gavin Newsom: California Leads Nation in Economic Growth and Expansion

UP NEXT

What to Know About the Attempt on Trump’s Life and Its Aftermath

UP NEXT

Steve Garvey Visited Israel, but Will It Win Over California Voters in Senate Race Against Schiff?

UP NEXT

GOP Convention Protests on Despite Shooting at Trump Rally

UP NEXT

US Journalist Masha Gessen Is Convicted in Absentia in Russia for Criticizing the Military

UP NEXT

What We Know About the Trump Rally Shooting Victims So Far

UP NEXT

CA Lawmakers’ Safety Gets New Attention After Trump Shooting

UP NEXT

Federal Judge Dismisses Trump Classified Documents Case Over Prosecutor Appointment Concerns

Gomez Guilty of Murdering Los Hooligans Bass Player

8 hours ago

Biden Says It Was a Mistake to Say He Wanted to Put Trump in a ‘Bull’s-Eye’

8 hours ago

Dealing Blow to Biden’s Reelection Bid, Teamsters Union May Withhold Endorsement

10 hours ago

Tesla CEO Elon Musk Appears to Confirm Delay in Aug. 8 Robotaxi Unveil Event to Make Design Change

11 hours ago

Smittcamp Asks Court to Drop His Lawsuit Against Controversial NW Fresno Project

12 hours ago

Measure P Arts Grants Spark Debate and a Meeting Tonight

12 hours ago

Tedford Exits Fresno State Football. Tim Skipper Is the Next Bulldog Up.

12 hours ago

Biden Orders Secret Service to Protect RFK Jr. After Attempt on Trump’s Life

12 hours ago

Trump Receives Enough Delegate Votes to Officially be Republicans’ Nominee

13 hours ago

Who is JD Vance? Things to Know About Donald Trump’s Pick for Vice President

13 hours ago

Man Dies After Rescuing His 2 Children in Mississippi River

A Minnesota man who disappeared Friday while rescuing his two young children from the rain-swollen Mississippi River was found dead by autho...

7 hours ago

7 hours ago

Man Dies After Rescuing His 2 Children in Mississippi River

8 hours ago

Is Inflation Finally Corralled? Powell Says Federal Reserve Believes It’s Close

8 hours ago

New Village Green Park Opens in Loma Vista as Clovis Community Hub

8 hours ago

Gomez Guilty of Murdering Los Hooligans Bass Player

8 hours ago

Biden Says It Was a Mistake to Say He Wanted to Put Trump in a ‘Bull’s-Eye’

10 hours ago

Dealing Blow to Biden’s Reelection Bid, Teamsters Union May Withhold Endorsement

11 hours ago

Tesla CEO Elon Musk Appears to Confirm Delay in Aug. 8 Robotaxi Unveil Event to Make Design Change

12 hours ago

Smittcamp Asks Court to Drop His Lawsuit Against Controversial NW Fresno Project

MENU

CONNECT WITH US

Search

Send this to a friend