DACA RESCISSION ENJOINED!
A federal judge last night temporarily blocked the Trump administration’s plan to end the Deferred Action for Childhood Arrivals (DACA) program that shields from removal approximately 800,000 undocumented immigrants who were brought to the United States as children. The ruling will no doubt influence the political battle over the fate of the so-called DACA recipients, which has been debated in Congress.
U.S. District Judge William Alsup in the Northern District of California granted a request by California and other states to stop the administration from ending the DACA. Expect appeals, further litigation, and a flurry of activity in the case.
Here is the court’s ruling. The conclusion reads in pertinent part:
For the foregoing reasons, defendants ARE HEREBY ORDERED AND ENJOINED, pending final judgment herein or other order, to maintain the DACA program on a nationwide basis on the same terms and conditions as were in effect before the rescission on September 5, 2017, including allowing DACA enrollees to renew their enrollments, with the exceptions (1) that new applications from applicants who have never before received deferred action need not be processed; (2) that the advance parole feature need not be continued for the time being for anyone; and (3) that defendants may take administrative steps to make sure fair discretion is exercised on an individualized basis for each renewal application.
The court certified “for interlocutory appeal the issues decided herein (i) whether (or not) the rescission of DACA is unreviewable as committed to agency discretion or by reason of 8 U.S.C. § 1252(g), (ii) whether (or not) plaintiffs have standing, and (iii) all other questions interposed by the government in its motion to dismiss . . . .” The case will soon be before the U.S. Court of Appeals for the Ninth Circuit.
The court ruling is big news (and here) and will no doubt be challenged by the Trump administration.
For “A Primer on the DACA Rescission,” see this Balkinization post by Professors Adam Cox, Marty Lederman, and Cristina Rodriguez.
The University of California issued the following statement in response to a federal district court’s decision:
The University of California is pleased and encouraged that the court has granted an injunction to temporarily stop the Department of Homeland Security’s rescission of the Deferred Action for Childhood Arrivals (DACA) program.
This crucial decision allows nearly 800,000 DACA recipients to stay in the United States as lawsuits over the legality of the DACA rescission make their way through the courts.
Unfortunately, even with this decision, fear and uncertainty persist for DACA recipients across California and the nation who want to continue to live, work, learn and contribute to the country they know as home. It does not negate, nor lessen, the urgent need for permanent protection through a legislative solution.
UC’s DACA students represent the very best of our country and are a key part of California and our nation’s future. They are studying to be doctors, teachers and engineers and working to solve the greatest scientific and technological challenges of our time.
KJ