A US appeals court in California ruled on Thursday that President Donald Trump's administration must continue a programme begun under former President Barack Obama that protects hundreds of thousands of illegal immigrants who were brought into the country as children.
"In this ninth circuit decision, the court reviewed 100 years of presidential administration decisions that are immigration-related", says Duggal, who adds that based on that analysis, the three-judge panel found former President Obama had the authority to create DACA with an executive order. The administration in February unsuccessfully appealed Alsup's ruling to the Supreme Court.
"Another federal court has said what we've always known: that Trump's decision to kill DACA was wrong and that his sole motivation was to deport 800,000 people of colour", said Sanaa Abrar of the group United We Dream, which advocates for DACA recipients.
In January, Attorney General Becerra - joined by the Attorneys General for Maine, Maryland and Minnesota, as well as the University of California, individual DACA recipients and other plaintiffs - secured a nationwide preliminary injunction halting the Trump Administration's action to end the DACA program. The Obama-era program, which staves off the deportation of about 700,000 undocumented immigrants brought to the U.S.as children, was rescinded in September of 2017. Earlier this week, the Trump administration asked the Supreme Court to weigh in on the case.
The Ninth Circuit Court of Appeals gave the parties 15 days to respond to the administrations petition for a writ of mandamus - a rarely used judicial appeal that asks a higher court to overrule a lower one before the conclusion of a case.
"The district court also properly denied the government's motion to dismiss plaintiffs' APA arbitrary - and - capricious claim, their claim that the new information-sharing policy violates their due process rights, and their claim that the DACA rescission violates their right to equal protection".
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Leach eventually made the breakthrough when Silva could not connect with a sweep shot and was dismissed leg before wicket for 30. That brought Moeen Ali to the crease for his latest - and possibly last - attempt to paper over the problems at number three.
Last year, the Trump administration announced its plan to phase out the program, but federal courts have ruled that the phase-out could not apply retroactively and that the program should be restarted.
UC President Janet Napolitano was the USA secretary of Homeland Security under President Obama when he created DACA.
In response, many lawsuits were filed across the US including one in California. It sent a letter to the circuit last month, saying that if the decision was not handed down by October 31, it would ask the Supreme Court to take up the issue. A judge overseeing that lawsuit and four others ruled against the administration and reinstated the programme in January.
Wardlaw noted at the previous hearing that another appeals court had reviewed a similar Obama administration immigration policy. The 9th Circuit rejected that notion.
A federal judge in Washington in August ordered the administration to fully restore DACA, including taking new applications.