Appeals court rules against Trump policy

US appeals court rules against Trump on DACA

A federal appeals court has ruled that President Donald Trump can not revoke protections enshrined by the Obama-era Deferred Action for Childhood Arrivals program, ensuring that the program will continue to benefit its undocumented recipients for the time being.

A three-judge panel of the 9th U.S. Circuit Court of Appeals unanimously kept a preliminary injunction in place against Trump's decision to end the Deferred Action for Childhood Arrivals program.

Trump has taken a stern stance against illegal immigration.

"The rescission of DACA - based as it was exclusively on a misconceived view of the law - is reviewable, and plaintiffs are likely to succeed on their claim", the ruling states.

"Recognizing the cruelty and wastefulness of deporting productive young people to countries with which they have no ties, the Secretary of Homeland Security announced a policy in 2012 that would provide some relief to individuals like Garcia, while allowing our communities to continue to benefit from their contributions", Wardlaw said.

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.

The move was to circumvent congressional inaction with thousands of illegal children and young adults at risk, nicknamed dreamers after the Development, Relief, and Education for Alien Minors (DREAM) Act. "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".

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The Trump administration has said it moved to end the programme a year ago because Texas and other states threatened to sue, raising the prospect of a chaotic end to DACA.

The U.S. Court of Appeals for the Ninth Circuit ruled that the president lacked authority to eliminate those protections. 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 US military.

A lawsuit by a group of young Americans, which asserts the USA government is harming them by having created a national energy system that causes climate change, is on hold again after a federal appeals court Thursday granted the Trump administration's motion for a temporary stay. A judge overseeing that lawsuit and four others ruled against the administration and reinstated the programme in January.

San Francisco-based U.S. District Judge William Alsup decided in January the government must continue processing renewals of existing DACA applications while litigation over the legality of Trump's action is resolved. The district court determined that the merits of California's case were strong and that there would be immediate harm if the Administration's plan to terminate DACA were to proceed.

Wardlaw said the Obama administration was within its powers to enact DACA because it had to make a choice about how to direct limited resources in deporting undocumented immigrants and made a decision to spare those who came as children, had not committed crimes and were students or in the military. The 9th Circuit rejected that notion.

The Ninth Circuit Court of Appeals gave the parties 15 days to respond to the administrations petition for a writ of mandamus - a rarely used judicial appeal that asks a higher court to overrule a lower one before the conclusion of a case.

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