Court blocks Trump on im­me­di­ate end to DACA

The Denver Post - - NEWS - By Sudhin Thanawala

SAN F RANCI S CO » 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 700,000 peo­ple who were brought to the U.S. il­le­gally as chil­dren or came with fam­i­lies that over­stayed visas.

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 that 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.

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

Trump’s con­tro­ver­sial 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.

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