The U.S. Court of Appeals for the Ninth Circuit ruled today the Trump Administration must continue accepting applications to renew Deferred Action for Childhood Arrivals (DACA) status, which provides work permits and a temporary stay of deportation to certain minors who came to the U.S. illegally. The ruling keeps in place for now a nationwide injunction blocking the Administration from ending the 2012 Obama program.
The ruling from a three-judge panel concluded the Administration’s DACA phase-out was likely done illegally. "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," the court ruled.
In September 2017 the Administration announced it was phasing out DACA and would no longer accept DACA renewals after March 2018. The matter was litigated and District Judge William Alsup in January enjoined the government from terminating the processing of renewals.
In February 2018 the Administration concurrently asked the Ninth Circuit and the Supreme Court to overturn Judge Alsup’s injunction. The Supreme Court refused saying, "It is assumed the [Ninth Circuit] court of appeals will act expeditiously to decide this case."
The Ninth Circuit heard arguments on the appeal in May but failed to issue a decision. On October 17th the Administration told the Ninth Circuit it would ask the Supreme Court to intervene if a decision was not issued by Oct. 31. The court did not respond so this week the Administration appealed to the Supreme Court, including with respect to DACA cases before the Court of Appeals for the Second and D.C. circuits.
The Administration will likely appeal today’s ruling. It is uncertain whether that can be accomplished by amending the filing submitted this week to the Supreme Court.
Read more in Reuters.
Updated: Thu, Nov 22nd 2018 @ 4:40pm EST