Federal appeals court rules against Trump administration on DACA

US appeals court rules against Trump on DACA

A U.S. appeals court in California has ruled that President Donald Trump's administration must continue an Obama-era programme shielding young immigrants from deportation.

The decision by the San Francisco-based 9th U.S. Circuit Court of Appeals preserves the Deferred Action for Childhood Arrivals (DACA) program introduced in 2012 that has shielded from deportation a group of immigrants informally dubbed "Dreamers" and given them work permits, though not a path to citizenship.

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DACA has protected 700,000 people who were brought to the USA illegally as children or came with families that overstayed visas.

"Today's ruling is yet another blow to the Trump administration's efforts to dismantle DACA, but it may also only be a temporary one", said Steve Vladeck, a CNN legal analyst who's a professor at the University of Texas School of Law.

Federal judges in NY and Washington also have ruled against Trump on DACA. The district court determined that the merits of California's case were strong and that there would be immediate harm if the Administration's plan to terminate DACA were to proceed.

Wardlaw and Nguyen also said the plaintiffs would likely win on their claim that rescinding DACA would violate federal administrative law. It also is set to rule on the administration's appeal of a judge's order blocking Trump's move to put restrictions on transgender people serving in the USA military.

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In response, many lawsuits were filed across the US including one in California. "That is a perfectly rational thing to do".

The panel of judges, all nominated by Democratic presidents, flatly rejected the administration's position that courts lacked the power to review the executive branch's immigration actions.

On November 8, a three-judge panel of the Ninth Circuit upheld a trial court's injunction preventing the Trump administration from carrying out its elimination of DACA.

The administration's belief that DACA exceeded Obama's authority and was illegal was therefore "incorrect", the court said. She said executive agencies do not have the resources to deport every undocumented individual, which led Obama to pause deportation proceedings for minors through the creation of DACA.

On Nov. 5, the administration took the unusual step of asking the U.S. Supreme Court to review the case even though the appeals court had yet to rule.

It filed that request with the Supreme Court last week, but the justices have not acted upon it yet.

Aided by fellow Republicans in the U.S. Senate, Trump has made it a top priority to rapidly appoint judges in a bid to make the federal judiciary more conservative.

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