US court again rules against Trump on DACA


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

In January, Attorney General Becerra - joined by the Attorneys General for Maine, Maryland and Minnesota, as well as the University of California, individual DACA recipients and other plaintiffs - secured a nationwide preliminary injunction halting the Trump Administration's action to end the DACA program. Today the 9th Circuit issued its ruling in the challenge to the termination of the program, known as DACA, which allows some undocumented immigrants who came to the United States as children to apply for protection from deportation.

Trump has taken a stern stance against illegal immigration.

According to the Wall Street Journal, the three-judge panel specified in its ruling that the administration's legal challengers "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".

UC President Janet Napolitano was the US secretary of Homeland Security under President Obama when he created DACA. "The government is, as always, free to reexamine its policy choices, so long as doing so does not violate an injunction or any freestanding statutory or constitutional protection".

"DACA is a very narrow program that doesn't give legal status, and doesn't violate any current immigration laws", she adds.

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"While we are disappointed in with today's ruling, we are pleased that the court has finally acted and that the Supreme Court now can consider our petition for review", said spokesman Steven J. Stafford.

The Trump administration has said it moved previous year to end the program because Texas and other states threatened to sue, raising the prospect of a chaotic end to DACA. Trial was supposed to have begun in federal court in Eugene, Oregon, in late October but was delayed when the U.S. Supreme Court temporarily put the trial on hold.

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

Trump's decision to end it 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. "If the Supreme Court.makes the decision based strictly on presidential history and legal analysis, DACA should remain a valid program", Duggal says.

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. The Supreme Court previously rejected a similar request to pre-emptively intervene in February.