In yet another ruling against the administration, a California appeals court upheld an earlier decision stating that the administration can’t kill DACA.
The ruling will prevent the Trump administration from immediately terminating the program, which would affect the immigration status of nearly 700,000 formerly undocumented immigrants brought to the U.S. as children.
This decision increases the chances that this issue will go to the Supreme Court in 2019.
This marks the fourth time that a federal judge has ruled against the administration; the most recent ruling was made by a judge in Washington, D.C. in April.
The decision to repeal the Deferred Action for Childhood Arrivals (DACA) program was made in part by pressure applied by a state lawsuit from Texas which attempted to show that the program is unconstitutional.
“Today the Ninth Circuit recognized that the courageous men and women who brought this case—like DACA holders across the country—embody the American Dream. In upholding Judge Alsup’s preliminary injunction, the Court recognized that Dreamers are ‘no different from any other productive—indeed inspiring—young American,’ and that DACA was put in place to prevent ‘the cruelty and wastefulness of deporting productive young people to countries with which they have no ties.” — attorney Ethan Dettmer of Gibson, Dunn & Crutcher LLP
Unsurprisingly, the Department of Justice (DOJ) continues to insist that it does in fact have the authority to do away with the program.
Before the decision was made, DOJ had reached out to the Supreme Court asking them to intervene in the decision by reviewing the three prior rulings which block the administration’s plans.
As of now, the court has not responded to that request, though there is little doubt that the case will ultimately be decided in the Supreme Court.
Iron Triangle Press will continue to follow this story.