UPDATE: Trump can't end DACA, appeals court panel says, setting up Supreme Court fight [View all]
Source: Washington Post
A federal appeals court ruled Thursday that President Trump cannot immediately end the so-called “dreamers act” that shields from deportation young immigrants who were brought to the country illegally as children. The unanimous decision by a three-judge panel of the U.S. Court of Appeals for the 9th Circuit makes it more likely that the Supreme Court will settle the question. The Trump administration already has asked the justices to move quickly to add it to the docket for this term.
The Deferred Action for Childhood Arrivals program was begun in 2012 by President Barack Obama, and has protected nearly 700,000 people brought to this country as children.
The Trump administration moved to end the program in 2017 after Texas and other states threatened to sue to force an end to the program. Then-attorney general Jeff Sessions advised the Department of Homeland Security to end the program, saying it was likely unlawful, and that it could not be defended in court. But a number of courts around the country have ruled the administration’s reasoning was incorrect, and kept the program in place. Like the other courts, the panel did not question the administration’s power, but faulted its approach.
“To be clear: we do not hold that DACA could not be rescinded as an exercise of executive branch discretion,” wrote Judge Kim McLane Wardlaw. “We hold only that here, where the executive did not make a discretionary choice to end DACA—but rather acted based on an erroneous view of what the law required—the rescission was arbitrary and capricious under settled law.”
Read more: https://www.washingtonpost.com/politics/courts_law/trump-cant-end-daca-appeals-court-says-setting-up-supreme-court-fight/2018/11/08/4a76f928-e386-11e8-ab2c-b31dcd53ca6b_story.html
Original title and article -
By Washington Post Staff
November 8 at 2:44 PM
A three-judge panel of the U.S. Court of Appeals for the 9th Circuit ruled Thursday that the Trump administration relied on faulty legal reasoning in trying to end the Obama-era program allowing some immigrants brought to the country illegally as children to gain legal status.
The decision, echoing other courts, virtually ensures that the question will end up before the Supreme Court.
This is a developing story. It will be updated.
https://www.washingtonpost.com/news/politics/wp/2018/11/08/appeals-court-panel-says-trump-administration-cant-end-daca-setting-up-supreme-court-fight/?utm_term=.3013a63a7b4f
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