WASHINGTON — A U.S. appeals court on Thursday ruled against President Donald Trump’s decision to rescind the Deferred Action for Childhood Arrivals (DACA) program on the grounds that his doing so has been deemed “unlawful”.
The decision from the 9th Circuit Court of Appeals blocks Trump from terminating DACA protections for undocumented immigrants who came to the U.S. as children. The ruling upholds a lower court’s ruling which found the same
The decision came in response to a challenge from multiple individual DACA recipients, the states of California, Maine, Maryland and Minnesota, and the University of California regents.
In its ruling, the court said it found that Acting Department of Homeland Security Secretary Elaine Duke was wrong in her conclusion that the policy was illegal and therefore not subject to the court’s review.
“The government may not simultaneously both assert that its actions are legally compelled, based on its interpretation of the law, and avoid review of that assertion by the judicial branch, whose ‘province and duty’ it is to say what the law is,” Judge Kim McLane Wardlaw said.
Trump moved to rescind the Obama-era program within his first few months in office after campaigning on a platform of tough immigration reform and securing the nation’s border.
Earlier this week, the president asked the Supreme Court to preemptively rule on the matter in advance of the court’s decision.
The ruling represents just the latest in a series of legal challenges the Trump administration has faced regarding the program.
Trump has vowed to take the matter all the way to the Supreme Court, if necessary. The case will now likely now head to the nation’s highest court for additional review.