United States appeals court rules against Trump on DACA

Appeals court rules against Trump on DACA immigrant policy

A US federal appeals court rebuffed the administration of President Donald Trump on Thursday by keeping in force the Deferred Action for Childhood Arrivals (DACA) program, which protects undocumented immigrant youth from deportation.

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 2017, then-acting Homeland Security Secretary Elaine Duke issued a memo announcing the rescission of the DACA program on the grounds that it conflicted "with our existing immigration laws".

The lawsuit against the USA government for being slow to address climate change is on hold again, after a federal appeals court Thursday, Nov. 8, 2018, granted the Trump administration's motion for a temporary stay.

The administration has been critical of the 9th Circuit and took the unusual step of trying to sidestep it and have the California DACA cases heard directly by the U.S. Supreme Court.

Trump's attempt to rescind the program was also initially blocked by judges from lower courts in Washington D.C. and NY. As it stands now, DACA supporters, or challengers to the government's petition, need to file their response with the court before December 5. "If the Supreme Court.makes the decision based strictly on presidential history and legal analysis, DACA should remain a valid program", Duggal says.

That said, the judges also declined to dismiss claims that the government's action might violate the constitutional rights of DACA recipients.

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The ruling stems from a lawsuit brought by the University of California, the states of California, Maine, Maryland and Minnesota and others challenging Trump's move to end Daca.

Trump's decision to end it prompted lawsuits across the nation, including one by California. 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.

In the USA, 90 percent of DACA recipients, also known as Dreamers, who are aged 16 and older are employed, according to research from the New American Economy, self-described as a bipartisan research and immigration advocacy organization.

In January, U.S. District Judge William Alsup granted a request to keep DACA operational while its future was being litigated.

The judges on the 9th Circuit panel appeared skeptical of the argument that the DACA decision was beyond the court's authority to review. The 9th Circuit rejected that notion.

A federal judge in Washington in August ordered the administration to fully restore DACA, including taking new applications.

Federal judges in NY and Washington also have ruled against Trump on DACA.

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