Federal appellate court sides with UC Regents in fight to preserve DACA

Federal appellate court sides with UC Regents in fight to preserve DACA

Federal appellate court sides with UC Regents in fight to preserve DACA

President Donald Trump says he hopes a legal battle over an Obama-era program shielding young immigrants from deportation goes to the Supreme Court.

The decision by the San Francisco-based 9th U.S. Circuit Court of Appeals preserves the Deferred Action for Childhood Arrivals (DACA) program introduced in 2012 that has shielded a group of illegal aliens from deportation and has given them work permits, though not a path to citizenship.

Although the 9th Circuit's ruling went against the government, the decision likely helped the government's cause at the Supreme Court, because the justices rarely grant petitions for review before the courts of appeals have ruled; the justices prefer to have the benefit of those courts' opinions, even if they often do not follow them.

Trump said on November 7 he saw potential to work with Democrats, who won control of the House of Representatives this week, but would have to see how the Supreme Court rules on the issue. The judges on the 9th Circuit panel appeared sceptical of the argument that the DACA decision was beyond the court's authority to review.

Wardlaw and Nguyen also said the plaintiffs would likely win on their claim that rescinding DACA would violate federal administrative law.

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The legality of the program is not at issue in this particular case. The Trump administration is expected to appeal this decision until the issue reaches the highest court.

The cases are DHS v. Regents of the University of California (18-587) (CA9); Trump v.

California Attorney General Xavier Becerra called the ruling a "tremendous victory" for "our young immigrant Dreamers". This fight, of course, is far from over. "We will continue to defend Dreamers and DACA all the way to the Supreme Court if necessary".

"The DACA will now hopefully go to the Supreme Court where it will be given a fair decision", Trump told reporters.

He has taken a stern stance against illegal immigration.

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The Trump administration has said it moved previous year to end DACA because Texas and other states threatened to sue, raising the prospect of a chaotic end to the program.

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

The White House fought back on those decisions, which were premised on the idea that the Executive Branch can not arbitrarily phase out a right that individuals have come to rely on, simply by arguing that the right was established illegally without congressional approval.

Aided by fellow Republicans in the U.S. Senate, Trump has made it a top priority to rapidly appoint judges in a bid to make the federal judiciary more conservative.

The 9th circuit has 16 judges who were appointed by Democratic presidents and seven who were named by Republican presidents.

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Trump already has appointed two justices to the nine-member Supreme Court, solidifying its 5-4 conservative majority.

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