Published: Sun, November 11, 2018
Worldwide | By Jermaine Blake

What's Next for DACA? Maybe the Supreme Court

What's Next for DACA? Maybe the Supreme Court

A federal appeals court ruled Thursday that President Trump and his team goofed in trying to cancel the Obama-era DACA deportation amnesty for illegal immigrant "Dreamers", saying that while they may have the power to erase the program, they must do it properly.

The ruling represented another legal defeat for Trump concerning Daca, although he has won court victories on other parts of his tough immigration policies.

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.

Trump said on Wednesday that he saw potential to work with Democrats, who won control of the House of Representatives this week, but that he would have to see how the Supreme Court ruled on the issue.

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.

DACA is an executive action issued by former President Barack Obama in 2012 to help undocumented individuals who arrived to the country as children to obtain work permits, college degrees and driver's licenses.

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. He instead wants lawmakers to approve a permanent fix to the dreamer issue in a bill that also includes funding for the proposed wall on the USA border with Mexico, along with terminating chain migration and the draft lottery program.

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The Dreamers also made an Equal Protection constitutional argument that both the panel and concurring Judge John Owens found valid: The Trump administration eliminated DACA out of hostility to Latinos. Trump proposed terminating it a year ago in hopes of prodding Congress to act.

The Ninth Circuit panel agreed with the trial court, concluding that the Obama administration indeed did have the authority to adopt DACA. Trump's action sparked an outcry from immigration advocates, business groups, colleges and some religious leaders.

The ruling was the first by a federal appellate court to review the merits of the decision to rescind DACA. There are about 11 million illegal aliens in the United States, according to the Pew Research Center.

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

In response, many lawsuits were filed across the USA including one in California.

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.

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