A U.S. appeals court has ruled that President Trump’s decision to rescind the Deferred Action for Childhood Arrivals (DACA) program is likely unlawful.
The decision from the 9th Circuit Court of Appeals blocks Trump from terminating DACA protections for undocumented immigrants who came to the U.S. as children, upholding a lower court’s decision.
The ruling comes in response to a challenge from several individual DACA recipients; the states of California, Maine, Maryland and Minnesota; and the University of California regents.
The court said it has concluded that the acting secretary of Homeland Security was wrong to conclude that the policy was illegal and therefore not subject to the court’s review.
“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,” Judge Kim McLane Wardlaw said.
Trump moved to rescind DACA within his first months in office. The decision has faced a number of legal challenges and will now likely head to the Supreme Court.
Earlier this week, Trump asked the Supreme Court to preemptively rule on the Obama-era program before appeals courts could rule.
The courts of appeal for the 2nd and District of Columbia circuits also have lower-court rulings before them.
BY AVERY ANAPOL – 11/08/18