U.S. Court of Appeals Shuts Down Trump Administration’s Ending of DACA, Setting Up Supreme Court Fight
On Thursday, November 8th the U.S. Court of Appeals for the 9th Circuit ruled that the Trump administration’s legal reasoning in ending the Obama era DACA program was not sound, and that the administration cannot end the program. This news will likely lead to a Supreme Court showdown on the validity of the Trump administration’s ending of the program, which allows for some immigrants who were brought to the U.S. as children to gain legal status.
The Deferred Action for Childhood Arrivals program, popularly known as DACA, has allowed for 700,000 immigrants to work and live in the United States on a renewable status. This news follows last year’s move by the Trump administration to end the program in late 2017. The ending of the program has faced significant upheaval in the courts, with the program’s fate likely to reach the Supreme Court in this term.
Judge Kim McLane Wardlaw stated in the court’s opinion: “To be clear: we do not hold that DACA could not be rescinded as an exercise of Executive Branch discretion We hold only that here, where the Executive did not make a discretionary choice to end DACA — but rather acted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.”
“The government may not simultaneously both assert that its actions are legally compelled, based on its interpretation of the law, and avoid review of that assertion by the judicial branch, whose ‘province and duty’ it is ‘to say what the law is.”
D’Alessio Law Group is closely monitoring all DACA related news and will provide updates as they become available. For any questions, please reach out to your respective D’Alessio Law Group professional.