Federal appeal court says Trump CANNOT immediately end Obama's DACA

US appeals court rules against Trump on DACA

Federal appeals court rules against Trump administration on DACA

A federal appeals court has ruled that President Donald Trump can not revoke protections enshrined by the Obama-era Deferred Action for Childhood Arrivals program, ensuring that the program will continue to benefit its undocumented recipients for the time being.

"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 three-member federal panel said in its ruling Thursday.

UC President Janet Napolitano was the USA secretary of Homeland Security under President Obama when he created DACA.

The president is also fighting in two other federal appeals courts, which are reviewing a legal challenge by states, local governments and immigrant rights groups trying to save the program, USA Today reports.

The 9th U.S. Circuit Court of Appeals said the administration cut corners and gave an unconvincing explanation of why it thought it had to phase out the DACA program.

DACA proponents have also argued that Trump's planned termination of the program violates federal law requiring adequate notice-and-comment periods before certain federal rules are changed, as well as other constitutional equal protection and due process guarantees.

The president regularly belittles the 9th Circuit, as he did on Friday after the court's ruling preserving the Deferred Action for Childhood Arrivals (DACA) program.

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Earlier this week, the Trump administration took the unusual step of asking the Supreme Court to take up the case even before any federal appeals courts had weighed in.

The administration then asked the 9th Circuit to throw out Alsup's ruling.

The Trump administration has said it moved past year to end DACA because Texas and other states threatened to sue, raising the prospect of a chaotic end to the program. These circuit courts often provide the last word in a legal dispute because the Supreme Court hears only a limited number of cases. In their arguments to the Ninth Circuit, Attorney General Becerra's legal team emphasized the irreparable harm that DACA recipients, their communities and the states would suffer if the program were terminated. "The Justice Department will continue to vigorously defend its position on this matter, and looks forward to vindicating that position before the Supreme Court".

Trump's decision to end DACA prompted lawsuits across the nation, including one by California.

US District Judge William Alsup rejected the argument that then-President Barack Obama had exceeded his power in creating DACA and said the Trump administration failed to consider the disruption that ending the programme would cause. The Trump administration is expected to appeal this decision until the issue reaches the highest court.

"Had the judge not ruled that way, I think we would have made a deal", Trump said at a news conference.

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