Federal Appeals Court Rules Against Trump Administration On DACA

By Bill Galluccio

November 8, 2018

Pro DACA and Dreamer supporters march towards the US Capital on the National Mall

A three-judge panel of the 9th U.S. Circuit Court of Appeals unanimously upheld a preliminary injunction that stopped the Trump administration from rescinding the Deferred Action for Childhood Arrivals (DACA) program. That leaves the program in place until the matter is decided by other courts.

The panel ruled that they believe that the "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 Executive wields awesome power in the enforcement of our nation’s immigration laws,” the ruling continued. “Our decision today does not curb that power, but rather enables its exercise in a manner that is free from legal misconceptions and is democratically accountable to the public.”

DACA is an Obama-era policy that protects hundreds of thousands of immigrants from deportation if they were brought to the U.S. illegally as children. President Trump tried to phase the program out but has been stopped by multiple courts. The Supreme Court declined to hear an emergency request by the Trump administration in February, though the case will likely be decided by the High Court.

Photo: Getty Images

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