Appeals court rules against Trump policy

Clay Curtis
November 11, 2018

A US appeals court in California ruled on November 8 that President Donald Trump's administration must continue a program begun under former President Barack Obama that protects hundreds of thousands of illegal aliens who were brought into the country illegally as children.

A three-judge panel of the 9th U.S. Circuit Court of Appeals on Thursday chose to keep in place an injunction blocking Trump's decision to phase out the Deferred Action for Childhood Arrivals program, or DACA.

"We conclude that 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", reads the opinion from Judge Kim McLane Wardlaw.

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

A federal appeals court supported the University of California Board of Regents in their case against the current federal administration's decision to end Deferred Action for Childhood Arrivals on Thursday.

President Donald Trump called the ruling "good news" because he never expected the liberal 9th Circuit to agree with the administration and it tees up a potential Supreme Court argument.

On November 8, a three-judge panel of the Ninth Circuit upheld a trial court's injunction preventing the Trump administration from carrying out its elimination of DACA.

The 9th Circuit disagreed with the New Orleans-based 5th US Circuit Court of Appeals and said one of its conclusions did not apply to DACA.

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That means the justices could announce whether they'll take up the case as soon as mid-January, says Ashima Duggal, an immigration lawyer based in Silicon Valley. The administration in February unsuccessfully appealed Alsup's ruling to the Supreme Court.

The 9th Circuit would hear any appeal by Trump's administration of the ruling late on Thursday by a federal judge in Montana blocking construction for environmental reasons of the Keystone XL pipeline project that is created to carry heavy crude oil from Canada to the United States.

U.S. District Judge Ann Aiken met in Eugene with the parties Thursday and indicated she would promptly set a trial date once the appeals court lifts its temporary stay, according to Meg Ward, a spokeswoman for the plaintiffs.

Lawsuits both challenging and supporting Trump's decision to end DACA have been working their way through the courts, making it likely the issue will wind up in front of the Supreme Court. The 9th Circuit rejected that notion.

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

The high court has not responded to that request. Instead, lower courts are examining how the administration made its decision to end DACA.

Federal judges in NY and Washington also have ruled against Trump on DACA.

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