Extra-legal Obama-era program being protected by courts
Virginia-based 4th Circuit of Appeals ruled against the Trump Administration’s attempt to roll back the controversial and extra-legal Obama-era program, DACA. The ruling is based on the court’s claim that the administration didn’t sufficiently outline its decision to end DACA.
US News & World Report has more:
The 2-1 decision reversed a lower court’s ruling and is in line with a decision from the 9th U.S. Circuit Court of Appeals on a similar case. The government appealed the 9th Circuit ruling to the Supreme Court last fall, but the court has not thus far said it would review the case.
The lawsuit before the 4th Circuit centered on a claim that the decision to end DACA needed to follow the Administrative Procedure Act, which outlines how federal agencies can propose and adopt regulations, and that it did not do so. The government argued that the decision to terminate the program was an agency decision and not subject to the rules of the act.
The court found that the administration did not properly explain its decision to end the program and was, therefore, in violation of the act. The court also found that homeland security officials did not “adequately account for the reliance interests that would be affected by its decision.”
The government was not, however, obligated to allow for notice and comment on the policy decision, the court found. It also said that homeland security was not obligated to adhere to a policy preventing the sharing of DACA applicants’ information for immigration enforcement purposes.
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