Published: Sun, November 11, 2018
Global News | By Blake Casey

Trump administration blocked from ending DACA protections

Trump administration blocked from ending DACA protections

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 US without the threat of deportation.

The ruling by a panel of the 9th U.S. Circuit Court of Appeals, based in San Francisco, represents a blow to the administration, which had appealed against an injunction blocking Trump from ending DACA.

When the Trump administration announced the end of DACA, they did not present it as a policy choice by a new president exercising his authority under the immigration statutes.

The ruling comes just days after the Trump administration asked the Supreme Court to take over three cases concerning pending lawsuits that seek to preserve DACA.

He has taken a stern stance against illegal immigration. The Obama-era program, which staves off the deportation of about 700,000 undocumented immigrants brought to the U.S.as children, was rescinded in September of 2017.

San Francisco-based U.S. District Judge William Alsup decided in January that the government must continue processing renewals of existing DACA applications while litigation over the legality of Trump's action was being resolved.

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

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The Justice Department did not immediately respond to a request for comment. The disproportionate effect the decision would have on Latinos might be unconstitutionally discriminatory, the court said, and the plaintiffs had also made a credible claim that it would violate due process for the government to turn around and use information they provided when they enrolled in DACA in deportation proceedings.

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

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

The Trump administration then asked the 9th Circuit to throw out Alsup's ruling. Trump's action sparked an outcry from immigration advocates, business groups, colleges and some religious leaders.

A lawsuit by a group of young Americans, which asserts the USA government is harming them by having created a national energy system that causes climate change, is on hold again after a federal appeals court Thursday granted the Trump administration's motion for a temporary stay.

Legislation to extend protections for DACA recipients and provide them a path to citizenship failed in Congress this year.

In addition to the "arbitrary and capricious" challenge under the APA, the appeals court was unanimous in finding a potential Equal Protection claim.

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