“The Executive wields awesome power in the enforcement of our nation’s immigration laws. Our decision today does not curb that power, but rather enables its exercise in a manner that is free from legal misconceptions and is democratically accountable to the public.”
Thursday, the 9th Circuit upheld an injunction which blocked the Trump administration’s termination of the Deferred Action for Childhood Arrivals (DACA) program.
From The Daily Caller:
A three-judge panel of the U.S. Court of Appeals for the 9th Circuit concluded DACA’s recension “is arbitrary, capricious, or otherwise not in accordance with law.”
Supreme Court action could soon follow. The Trump administration asked the high court to intervene in the DACA cases Monday. The move was highly unusual, as three federal appeals courts, including the 9th Circuit, are separately reviewing orders requiring the government to continue administering DACA. The justices seldom review a case before the circuit courts issue judgment.
The University of California (UC) brought Thursday’s case after the U.S. Department of Homeland Security (DHS) issued a memo rescinding DACA on Sept. 5, 2017. Former Attorney General Jeff Sessions sent a memo to DHS advising that DACA was not lawful one day prior on Sept. 4.
The administration argues that its decision to end the program is not reviewable in court, since DACA is a purely discretionary executive branch initiative. They also say a federal law called the Immigration and Nationality Act (INA) prohibits judicial review of claims arising from deportation proceedings.
Judge Kim Wardlaw, writing for the panel, rejected that argument, explaining that courts can review DHS’s decision because the government’s finding that DACA is unlawful was its primary reason for terminating it.
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