Appeals court says administration can't end DACA, Trump says it sets up Supreme Court fight

A federal appeals court on Thursday...

Posted: Nov 9, 2018 3:52 PM
Updated: Nov 9, 2018 3:52 PM

A federal appeals court on Thursday upheld a ruling blocking the Trump administration from ending the Obama-era program that protects young undocumented immigrants who came to the United States as children from being deported -- likely setting up a Supreme Court fight.

The ruling from a panel of the 9th US Circuit Court of Appeals means a nationwide injunction allowing the Deferred Action for Childhood Arrivals program to continue will remain in effect.

Appeals (legal)

DACA and Dream Act

Decisions and rulings

Deportation

Donald Trump

Immigration

Immigration, citizenship and displacement

International relations and national security

Law and legal system

Political Figures - US

Trial and procedure

Undocumented immigrants

Continents and regions

Government and public administration

Government bodies and offices

Government organizations - US

North America

Politics

The Americas

United States

US federal court system

US federal government

US Supreme Court

White House

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.

"The good news is, by rejecting DACA in the 9th Circuit -- finally, we've been waiting for that -- we get it to the Supreme Court," Trump said at the White House on Friday. "We want to be in the Supreme Court on DACA."

The 9th Circuit ruled that challengers to the decision to end DACA are likely to succeed in their argument that the planned phase-out is illegal.

"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, an appointee of President Bill Clinton.

In September 2017, the Trump administration announced plans to phase out DACA, but lower court judges blocked the administration from doing so and ordered that renewals of protections for recipients continue until the appeals are resolved.

The legality of the program is not at issue in this particular case. Instead, lower courts are examining how the administration made its decision to end DACA.

Thursday's case was brought by the University of California, as well as California and a few other states.

California Attorney General Xavier Becerra called the ruling a "tremendous victory" for "our young immigrant Dreamers."

"This fight, of course, is far from over," he said in a statement. "We will continue to defend Dreamers and DACA all the way to the Supreme Court if necessary."

Trump administration asks Supreme Court to review

The Justice Department had already asked the Supreme Court to review the district court's injunction, arguing the Obama administration had allowed some "700,000 aliens to remain in the United States even though existing laws provided them no ability to do so."

The Trump administration's Department of Homeland Security ended the policy "based on serious doubts about its legality and the practical implications of maintaining it," the Justice Department wrote in a court filing Monday.

"Today's ruling is yet another blow to the Trump administration's efforts to dismantle DACA, but it may also only be a temporary one," said Steve Vladeck, a CNN legal analyst who's a professor at the University of Texas School of Law.

Now that the 9th Circuit has ruled, "it seems much more likely that the justices will agree to the government's already-pending request that they settle the matter, perhaps as soon by the end of the current term in June," Vladeck added.

Trump on Wednesday blamed the injunction for the White House and Congress not reaching a deal on DACA.

"Had the judge not ruled that way, I think we would have made a deal," Trump said at a news conference. "Once the judge ruled that way, the Democrats didn't want to talk anymore. So we'll see how it works out at the Supreme Court."

Options that have been discussed are extending DACA or providing a path to citizenship in exchange for funding for a wall along the US-Mexico border.

Huntsville
Clear
66° wxIcon
Hi: 81° Lo: 63°
Feels Like: 66°
Florence
Clear
67° wxIcon
Hi: 84° Lo: 63°
Feels Like: 67°
Fayetteville
Clear
64° wxIcon
Hi: 81° Lo: 62°
Feels Like: 64°
Decatur
Clear
62° wxIcon
Hi: 82° Lo: 61°
Feels Like: 62°
Scottsboro
Broken Clouds
64° wxIcon
Hi: 80° Lo: 61°
Feels Like: 64°
WAAY Radar
WAAY WAAY-TV Cam
WAAY Temperatures

Alabama Coronavirus Cases

Confirmed Cases: 153016

Reported Deaths: 2633
CountyConfirmedDeaths
Jefferson22563372
Mobile14335314
Tuscaloosa10023133
Montgomery9759196
Madison904893
Shelby709960
Lee644966
Baldwin640569
Marshall428248
Calhoun412759
Etowah405749
Morgan396833
Houston364632
DeKalb319628
Elmore310752
St. Clair282142
Limestone270828
Walker268892
Talladega258435
Cullman227623
Lauderdale208740
Autauga201029
Jackson200915
Franklin199731
Colbert192228
Russell19053
Dallas185627
Blount184824
Chilton181731
Escambia171328
Coffee16669
Covington166029
Dale163451
Pike130512
Chambers130143
Tallapoosa128686
Clarke127117
Marion104729
Butler99840
Barbour9889
Marengo97221
Winston90413
Geneva8417
Pickens80517
Lawrence80031
Randolph79814
Bibb79114
Hale74529
Cherokee72214
Clay71912
Lowndes70127
Henry6376
Bullock63517
Monroe6319
Washington62212
Crenshaw59330
Perry5806
Wilcox55912
Conecuh55713
Fayette55312
Cleburne5287
Macon52820
Sumter46721
Lamar4565
Choctaw38712
Greene33916
Coosa1973
Out of AL00
Unassigned00

Tennessee Coronavirus Cases

Confirmed Cases: 233569

Reported Deaths: 2952
CountyConfirmedDeaths
Shelby34523553
Davidson29914326
Knox1193687
Hamilton11197103
Rutherford11090106
Williamson665649
Sumner5664107
Wilson443153
Putnam415653
Montgomery387251
Out of TN377535
Unassigned37264
Madison363079
Bradley343421
Sullivan324845
Sevier317321
Blount313932
Washington313244
Maury308135
Robertson249839
Hamblen233843
Tipton220622
Gibson205938
Dyer203726
Hardeman179532
Coffee177420
Trousdale17437
Obion164918
Bedford159620
Dickson157318
Fayette157022
Anderson156713
Greene156551
Wayne15657
Loudon155010
McMinn152232
Cumberland150124
Lawrence147918
Jefferson146619
Weakley144425
Carter142832
Monroe137027
Henderson136125
Warren135110
Hardin132219
Lauderdale131918
Macon126324
Franklin122816
Roane12017
Haywood119526
Overton113311
Johnson11067
Hawkins110524
White110214
Carroll109424
McNairy109126
Marshall10568
Rhea104916
Cheatham97311
Lake9703
Smith94713
Cocke92612
Bledsoe9244
Giles90134
Campbell8857
Fentress8618
Lincoln8142
Crockett78321
Henry74610
Hickman74413
Chester71314
Marion7089
DeKalb67716
Decatur62811
Grainger5394
Grundy5248
Claiborne5046
Union4992
Polk47413
Jackson4225
Humphreys4154
Morgan4116
Houston39215
Benton3919
Cannon3872
Clay37112
Unicoi3672
Lewis3522
Scott3324
Sequatchie3294
Stewart3117
Meigs2965
Pickett2495
Moore2452
Perry2081
Van Buren1911
Hancock1123

Community Events