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  1. #1
    Senior Member JohnDoe2's Avatar
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    Federal appeals court rules against Trump on ending DACA

    Federal appeals court rules against Trump on ending DACA

    by ALAN SUDERMAN Associated Press
    Friday, May 17th 2019




    FILE - In this April 5, 2019 file photo, President Donald Trump participates in a roundtable on immigration and border security at the U.S. Border Patrol Calexico Station in Calexico, Calif. (AP Photo/Jacquelyn Martin, File)

    RICHMOND, Va. (AP) — A federal appeals court ruled Friday the Trump administration acted in an "arbitrary and capricious" manner when it sought to end an Obama-era program that shields young immigrants from deportation.

    A three-judge panel of the 4th U.S. Circuit Court of Appeals ruled 2 to 1 that the Trump administration violated federal statute when it tried to end the Deferred Action for Childhood Arrivals program without adequately explaining why. The ruling overturns a lower court ruling a judge in Maryland made last year, which Trump had previously praised via Twitter.

    Friday's ruling will not have any immediate effect as other federal courts have already ordered that DACA be kept in place.


    The 4th Circuit ruling said the Department of Homeland Security did not "adequately account" for how ending DACA program would affect the hundreds of thousands of young people who "structured their lives" around the program.


    "This ruling is the result of a long and valiant battle that our Dreamers have endured in their struggle to keep their families together," said Lizette Olmos, a spokeswoman for Casa de Maryland, the lead plaintiff in the case.

    Trump and his Justice Department have argued that the Obama administration acted unlawfully when it implemented DACA. The Justice Department did not immediately return a request for comment.


    Preserving DACA is a top Democratic priority, but discussions between Trump and Democrats on the issue have gone nowhere.


    Trump's latest immigration plan, unveiled Thursday, does not address what to do about the hundreds of thousands of young immigrants brought to the U.S. as children. White House press secretary Sarah Sanders told reporters that "every single time that we have put forward or anyone else has put forward any type of immigration plan that has included DACA it's failed."


    DACA's fate could be decided by the Supreme Court, which is weighing the Trump administration's appeals of other federal court rulings.


    The justices have set no date to take action.


    If the high court decides it wants to hear the appeals, arguments would not take place before the fall. That means a decision is not expected until 2020, which could come in the thick of next year's presidential contest.

    https://valleycentral.com/news/natio...on-ending-daca

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  2. #2
    Senior Member JohnDoe2's Avatar
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    NO AMNESTY

    Don't reward the criminal actions of millions of illegal aliens by giving them citizenship.


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    Administrator ALIPAC's Avatar
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    The 4th Circuit ruling said the Department of Homeland Security did not "adequately account" for how ending DACA program would affect the hundreds of thousands of young people who "structured their lives" around the program.
    These judges are smoking crack with Marion Barry Democrats!

    DACA is overtly and clearly unconstituional and illegal and Americans nor the President are under no onus to consider hardships on illegal aliens given the DACA Amnesty.
    Join our efforts to Secure America's Borders and End Illegal Immigration by Joining ALIPAC's E-Mail Alerts network (CLICK HERE)

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    Moderator Beezer's Avatar
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    They can go "structure" their lives back home.

    Just like their illegal DAPA parents "structured" their lives when they criminally trespassed across our border!

    Illegal aliens "structured" their lives to lie, cheat and steal from us. Steal our identities, scam the system with their anchor babies and skip out on the hospital bills and many other programs they stole from.
    ILLEGAL ALIENS HAVE "BROKEN" OUR IMMIGRATION SYSTEM

    DO NOT REWARD THEM - DEPORT THEM ALL

  5. #5
    Senior Member JohnDoe2's Avatar
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    MAY 17, 2019 / 8:36 AM / UPDATED 2 HOURS AGO

    Second U.S. appeals court rules Trump cannot end protections for 'Dreamers'


    Tom Hals

    WILMINGTON, Del (Reuters) - A U.S. appeals court ruled on Friday that President Donald Trump cannot end a program that shielded from deportation immigrants brought into the country illegally as children, the second time the administration has lost an appeal on the issue.


    The 4th U.S. Circuit Court of Appeals in Richmond, Virginia, said in its ruling that the 2017 rescission of the Deferred Action for Childhood Arrivals, or DACA, program violated administrative law because the policy change was not adequately explained.

    The ruling reversed a decision by a federal court in Maryland, and sent the case back for further proceedings.


    The Department of Justice declined to comment.


    Republican Trump’s Democratic predecessor, Barack Obama, began DACA in 2012. It shielded a group of immigrants known as “Dreamers” and has given them work permits but not a path to citizenship. About 800,000 people, mostly Hispanics, have received DACA protection.


    Trump has taken a stern stance against illegal immigration. His administration announced plans in September 2017 to phase out DACA, arguing that Obama exceeded his constitutional powers when he bypassed Congress and created the program.

    Rights groups, states and individuals filed numerous lawsuits against the Trump administration over the decision to end the program. A series of lower courts have generally ruled against the government, leaving DACA in place for now.


    The appeals court in Virginia found by a 2-1 decision that the rescission of DACA was arbitrary and capricious and violated administrative law.


    Judge Robert King, appointed by Democratic President Bill Clinton, and Judge Albert Diaz, appointed by Obama, formed the majority. Judge Julius Richardson, who was appointed by Trump, dissented.


    A similar decision was reached by the 9th U.S. Circuit Court of Appeals in San Francisco in November, which upheld a lower court injunction against ending the program.


    The Supreme Court currently has three Trump administration appeals pending that seek to revive the administration’s DACA proposal but the justices have so far delayed acting on them. It is likely the conservative-leaning court will ultimately have the final say on the issue.

    On Thursday, Trump unveiled a proposed overhaul of the U.S. immigration system to favor educated English speakers over people with family ties to Americans, a plan he will push in his 2020 re-election campaign.


    But the plan did not include protections for ‘Dreamers,’ a sticking point for Democratic lawmakers who say a permanent fix for this group of immigrants must be part of any proposed policy changes.


    https://www.reuters.com/article/us-u...-idUSKCN1SN1VN
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    Don't reward the criminal actions of millions of illegal aliens by giving them citizenship.


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