Wednesday, 21 November, 2018

Appeals court says Trump admin can't end DACA

US appeals court rules against Trump on DACA Federal appeals court rules against Trump administration on DACA
Steven Clarke | 11 November, 2018, 03:52

A USA appeals court blocked President Donald Trump today from immediately ending an Obama-era programme shielding young immigrants known as "Dreamers" from deportation, saying the administration's decision to phase it out was arbitrary because it was based on a flawed legal theory.

When the Trump administration announced the end of DACA, they did not present it as a policy choice by a new president exercising his authority under the immigration statutes.

In January, Attorney General Becerra - joined by the Attorneys General for Maine, Maryland and Minnesota, as well as the University of California, individual DACA recipients and other plaintiffs - secured a nationwide preliminary injunction halting the Trump Administration's action to end the DACA program.

Trump said on November 7 he saw potential to work with Democrats, who won control of the House of Representatives this week, but would have to see how the Supreme Court rules on the issue.

Trump has taken a stern stance against illegal immigration.

The Deferred Action for Childhood Arrivals program was begun in 2012 by President Barack Obama and has protected almost 700,000 people brought to this country as children.

In January, U.S. District Judge William Alsup rejected the argument that then-President Barack Obama had exceeded his power in creating DACA.

The 9th U.S. Circuit Court of Appeals said the administration cut corners and gave an unconvincing explanation of why it thought it had to phase out the DACA program. "The Justice Department will continue to vigorously defend its position on this matter, and looks forward to vindicating that position before the Supreme Court".

To counter China, Australia plans US$1.5 billion Pacific infrastructure fund
Extra diplomatic missions would be opened in French Polynesia, the Marshall Islands, Palau, Niue and the Cook Islands. Mr Wang signalled that Beijing was committed to continuing the recent thaw in relations.

Trump's move previous year had called for DACA to begin winding down this past March.

The 9th Circuit ruled that challengers to the decision to end DACA are likely to succeed in their argument that the planned phase-out is illegal.

The Trump administration attempted to rescind DACA as beyond the jurisdiction of the Department of Homeland Security (DHS).

The panel's decision keeps in place an injunction from the lower court that allows DACA recipients to renew their applications.

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

The 9th Circuit has handed him defeats on his travel ban targeting people from several Muslim-majority countries and his bid to withhold federal funds from so-called sanctuary cities that limit cooperation on immigration enforcement.

Several other federal district courts have likewise issued injunctions required the government to maintain the DACA program. Instead, lower courts are examining how the administration made its decision to end DACA.

Options that have been discussed are extending DACA or providing a path to citizenship in exchange for funding for a wall along the US-Mexico border.

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