Federal Appeals Court Will Soon Rule On Decision To End DACA

Elias Hubbard
May 16, 2018

It will be the first federal appeals court to do so.

U.S. Capitol Police use bolt cutters to break chains locking together supporters of the Deferred Action for Childhood Arrivals (DACA) program, as the protesters cheer in support of DACA, on Capitol Hill in Washington.

The three-judge panel of the 9th US Circuit Court of Appeals seemed concerned about how the Trump administration chose to unwind the DACA program, whether the move had violated the equal protection rights of the recipients and if the court should take presidential tweets and statements in consideration as they considered the case. About 40 DACA supporters gathered outside the courthouse, carrying signs that said "Immigrant rights are human rights" and "Our strength stems from our roots".

The Trump administration will try to convince a US appeals court that it was justified in ending an Obama-era immigration policy that shielded hundreds of thousands of young immigrants from deportation. Trump has even said he has considered breaking up the court. California is one of a dozen states which has filed lawsuits over the president's decision to phase out the program. It was not clear when the court would rule.

A federal appeals court in California grappled on Tuesday with a case regarding the Trump administration's legal justifications for terminating DACA, the Obama-era program that protects young undocumented immigrants who came to the United States as children from deportation.

At stake in the DACA case is Mr. Trump's attempt to cancel a program that he repeatedly called illegal, but that is protecting some 700,000 illegal immigrant "Dreamers" the president says he wants to help.

Wardlaw seemed to agree, saying the acting Homeland Security secretary did not give "any weight" to the fact that DACA was in effect and participants were using it. Tweets are also an issue in president's travel ban proposal, which is now pending before the Supreme Court, and Judge Owens said they may wait to see what guidance the justices offer on how much attention should be paid to the president's 140-character blasts.

Federal judges in NY and Washington, D.C., also have ruled against the Trump administration on DACA.

"What we would do in that circumstance is something we're still figuring out", said Hashim Mooppan, the Justice Department lawyer defending the Trump administration.

The 2nd U.S. Circuit Court of Appeals is expected to hear arguments this summer on an appeal of the NY judge's ruling.

In court papers, Mooppan also argued the DACA move applies equally to persons of all ethnicities, although like most immigration policies, has a certain disproportionate impact on Latinos from Central and South America.

The high court in February declined to do so.

Other reports by Click Lancashire

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