Wednesday, January 10, 2018

U.S. federal judge blocks DACA repeal

Federal Judge Blocks Trump from Rescinding Obama's Deferred Action for Childhood Arrivals Program - Damon Root, Reason:

January 10, 2017 - "A federal judge has temporarily blocked President Donald Trump from rescinding the Obama administration's 2012 program known as Deferred Action for Childhood Arrivals, or DACA.

"According to Tuesday's ruling by Judge William Alsup of the U.S. District Court for the Northern District of California in Regents of the University of California v. Department of Homeland Security, the legal challengers 'have shown a likelihood of success on their claim that the rescission [of DACA] was arbitrary, capricious, an abuse of discretion, or not otherwise in accordance with law.' Judge Alsup therefore temporarily enjoined the federal government from ending DACA while this legal challenge proceeds on the merits in federal court.

"The Trump administration rescinded DACA in 2017 on the grounds that the program was an unlawful intrusion on Congress's authority to regulate immigration....  The decision to end DACA, Judge Alsop wrote, 'was based on the flawed legal premise that the [executive branch] lacked authority to implement DACA....This order holds that DACA fell within the [executive's] enforcement authority. The contrary conclusion was flawed and should be set aside.;

"The Trump administration has already signaled its intentions to appeal this loss. 'It just shows everyone how broken and unfair our Court System is when the opposing side in a case (such as DACA) always runs to the 9th Circuit and almost always wins before being reversed by higher courts,' Trump tweeted.

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