Recently, a federal appeals court upheld a lower court's temporary order that blocked the Trump administration from terminating the Deferred Action for Childhood Arrivals program.
On November 8th, the 9th Circuit Court of Appeals decided that the administration’s attempts at phasing out DACA were, “arbitrary, capricious, or otherwise not in accordance with law.” Under the DACA program, close to 700,000 undocumented immigrants who were brought into the country illegally as children can obtain work permits. DACA also provides deportation protections for those who are eligible.
The ruling was reached by a three-judge panel and serves as a significant setback for the President’s immigration agenda. Two of the panelists were appointed by former President Barack Obama, while the other was appointed during the Clinton presidency. Their decision to uphold DACA was based on the belief that President Trump’s reason for ending the program was based, “solely on a misconceived view of the law,” which therefore made it subject to review by federal courts.
Under the 9th Circuit ruling, the Trump administration will have to accept renewal applications for DACA.
According to the ruling, “The executive wields awesome power in the enforcement of our nation’s immigration laws. 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.”
In his concurring opinion, Judge John Owens said, “A merits decision from the district court concluding that the executive rescinded DACA because of unconstitutional racial animus would be little more than an advisory opinion if by that time thousands of young people had lost their status due to the lack of an injunction preserving it.”
Consult with an Immigration Lawyer Today
At Sintsirmas & Mueller Co. L.P.A., we are here to help you with all your immigration matters. Whether you need help resolving a deportation dispute or assistance with DACA, we are here to guide you through the entire legal process and make sure your rights and interests are fully protected. Speak to us today to find out what our legal team can do for you.
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