Ap­peals court rules against Trump on end­ing DACA

USA TODAY US Edition - - NEWS - Richard Wolf and Alan Gomez

WASH­ING­TON – A fed­eral ap­peals court ruled Thurs­day that Pres­i­dent Don­ald Trump can­not end an Obama ad­min­is­tra­tion pro­gram that pro­tects un­doc­u­mented im­mi­grants brought to the USA as chil­dren.

A panel of the U.S. Court of Ap­peals for the 9th Cir­cuit agreed with a fed­eral district judge’s de­ci­sion in Jan­uary that Trump lacked the au­thor­ity to elim­i­nate the pro­gram – a pro­posal the pres­i­dent made last year in hopes of prod­ding Congress to act.

“Plain­tiffs are likely to suc­ceed on their claim that the rescis­sion of DACA – at least as jus­ti­fied on this record – is ar­bi­trary, capri­cious or oth­er­wise not in ac­cor­dance with law,” the three­mem­ber panel said.

The de­ci­sion leaves in place for now the De­ferred Ac­tion for Child­hood Ar­rivals pro­gram, known as DACA, which has pro­tected more than 700,000 un­doc­u­mented im­mi­grants from de­por­ta­tion and en­abled them to get work per­mits.

The Jus­tice Depart­ment is likely to ap­peal the rul­ing to the Supreme Court, which has five re­li­ably con­ser­va­tive jus­tices. In Fe­bru­ary, the high court re­fused to leapfrog the ap­peals court’s re­view of Judge William Al­sup’s de­ci­sion.

AP

DACA back­ers demon­strate out­side the Los An­ge­les of­fice of Sen. Dianne Fe­in­stein, D-Calif., in Fe­bru­ary.

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