Saturday, 15 December, 2018

President Trump Says Fight Over DACA Should End at Supreme Court

US appeals court rules against Trump on DACA Federal appeals court rules against Trump administration on DACA
Deanna Wagner | 11 November, 2018, 03:51

A USA appeals court in California ruled on November 8 that President Donald Trump's administration must continue a program begun under former President Barack Obama that protects hundreds of thousands of illegal aliens who were brought into the country illegally as children.

The Trump administration is not allowed to end Deferred Action for Childhood Arrivals, the federal 9th Circuit Court of Appeals ruled Thursday afternoon.

After the lower courts blocked the Trump administration's initial efforts to end the program, the administration requested that the Supreme Court weigh in.

The program was created by an executive order issued by former President Barack Obama.

That was incorrect, Wardlaw wrote, noting that the federal government has a long and well-established history of using its discretion not to enforce immigration law against certain categories of people. "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 proponents have also argued that Trump's planned termination of the program violates federal law requiring adequate notice-and-comment periods before certain federal rules are changed, as well as other constitutional equal protection and due process guarantees. 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. "We want to be in the Supreme Court on DACA". The Trump administration is seeking to convince the Supreme Court to consolidate those cases because they make the same substantive objections to the planned DACA rollback, and toss them all out on the merits.

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The three-judge panel rejected the administration's claim that the decision to end Daca was not reviewable by the courts. He instead wants lawmakers to approve a permanent fix to the dreamer issue in a bill that also includes funding for the proposed wall on the US border with Mexico, along with terminating chain migration and the draft lottery program.

Trump's decision to end DACA prompted lawsuits across the nation, including one by California. In that case, a judge ruled against the attempt to shut down DACA and the program was reinstated in January while the program's future was litigated.

The Trump administration then asked the 9th Circuit to throw out Alsup's ruling.

Mr Mooppan said the administration was under no obligation to consider the fact that people had come to rely on DACA.

The administration in February unsuccessfully appealed Judge Alsup's ruling to the Supreme Court.

In its filing on Monday, the federal government complained that the 9th Circuit had heard oral argument in the dispute in mid-May but had not yet issued its ruling.