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A federal appeals court on Thursday dismissed the Trump government's request to cancel a program of protections and benefits for undocumented immigrants who came to the United States as children.
The ruling, made by a panel of three judges from the US-based Ninth Federal Court of Appeal, said the administration had exposed inadequate and erroneous reasons for its decision to terminate the case. September 2017 to an Obama era program titled "Deferred Action for Child Care", or DACA.
People who dispute the decision of the administration "are likely to claim that the resolution of the DACA – at least as justified in these minutes – is arbitrary, capricious or contrary to law," said the court.
The Department of Justice, representing the administration, did not immediately respond to a request for comment.
This decision is the first of a federal appeals court to end the DACA at the White House. It follows the decisions of several trial judges who declared that the cancellation of the administration was legally deficient. The case must now almost certainly be considered by the Supreme Court, which generally prefers to have the last word when a government program or a major management action is invalidated by a lower court.
The Trump administration recently told the Ninth Circuit that it needed a decision by the end of October to bring the case to the High Court during its current term, which will end in June. When the court of appeal exceeded this deadline, the administration decided to seize the Supreme Court, which is currently pending.
DACA offered participants two-year, so-called "dreamer" renewable grants that allowed them to live and work in the United States without fear of being deported.
Approximately 800,000 people participated in the program, accessible to students and graduates brought to the United States under the age of 16 and living in the United States since 2007, provided they did not commit serious crimes.
The Obama administration set up the program in 2012. When the Trump administration decided to cancel it, the Department of Homeland Security cited the Attorney General's opinion of the At the time, Jeff Sessions, fiercely opposed to illegal immigration, claiming that the White House had exceeded its goals. powers when he created DACA.
DHS intended to terminate the program in March 2018, but the lower courts have suspended their efforts. A blocked Congress did not address the issue.
While the three judges of the Ninth Circuit group have been appointed by the Democratic presidents, the decisions of the DACA have not entirely divided according to ideological criteria.
Write to Brent Kendall at [email protected]
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