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Courts blocks Trump’s attempt to end DACA

On Behalf of | Nov 16, 2018 | Family Immigration |

A Federal Appeals Court for the 9th Circuit last week blocked the Trump administration’s latest attempt to end Deferred Action for Childhood Arrivals (DACA). This ruling agreed with a judge’s decision last January that the president did not have the authority to rescind the program. This is good news for an estimated 700,000 individuals who were brought to the U.S. as young children by parents who immigrated without documentation.

According to a three-judge panel, “Plaintiffs are likely to succeed on their claim that the rescission of DACA – at least as justified on this record – is arbitrary, capricious or otherwise not in accordance with law.”

The panel went on to point out that the government can only remove a small percentage of undocumented immigrants in any given year. Those in DACA, it added, were generally blameless and economically productive. Their good behavior allows the government to focus on the enforcement of other priorities, such as national security. It also simply made no sense to send these children back to countries where they no longer had any ties.

California taking the lead

California Attorney General Xavier Becerra pointed out recently that these dreamers are an important part of our society, contributing as scholars, entrepreneurs, first responders and other meaningful ways. He went on to add that he and the state would continue to defend dreamers all the way to the Supreme Court. The University of California has also been instrumental in arguing to protect DACA.

High court likely to hear the case

The president and other conservatives are calling for the Supreme Court to hear the case. The court had previously refused to because it had not gone through the Circuit Court first. With the highest court now slanted to a 5-4 conservative majority, this matter is far from over. However, Trump administration’s dispute with states, local governments and immigrant rights groups is also a matter that needs to be resolved as well.

Life revolving around court decisions

It is sad that the fate of so many rests on the decisions of the courts, but important legal matters need their due process. Attorneys can help those affected by these decisions, perhaps finding solutions amidst this ever-changing situation.


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