The Ninth United States Circuit of Appeals upheld an injunction in the Regents of the University of California v. USDHS case on Thursday, temporarily halting the elimination of the Deferred Action for Childhood Arrival program again.
UC President Janet Napolitano filed a lawsuit against the Trump administration in regards to DACA in September 2018. Nexus File Photo
The 99-page decision supports an earlier court decision from January, which disagreed with the Trump administration’s legal authority to repeal the Deferred Action for Childhood Arrival (DACA) program.
“The government’s decision to rescind DACA is subject to judicial review,” court documents state.
The UC system “applauds” the Thursday decision, according to a press release sent out by the UC Office of the President (UCOP).
“Today’s decision is yet another strong message from our nation’s courts that the government’s attempt to rescind DACA was unlawful,” the press release read.
“The government’s only justification for rescinding DACA — that the program itself is legally flawed — is unfounded. Now that the appellate court has definitively rejected this argument, the university calls on the administration to stop its efforts to rescind the program.”
Under the Trump Administration, Acting Secretary of Homeland Security Elaine Duke initially motioned to eliminate the DACA program in September 2017.
Duke argued the program was “illegal from its inception” under the Obama Administration.
UC filed a lawsuit challenging the Trump administration’s attempt to repeal the program shortly after.
The DACA program allows undocumented residents who were brought into the U.S. as children to apply for “two-year renewable periods” allowing them to stay in the U.S.
In order to be eligible to apply, individuals must have clean criminal records and meet “various educational or military service requirements,” court documents state.
In wake of Thursday’s decision, UC urged all eligible DACA recipients to renew their grants.
“While today’s ruling is welcome news, we stress that DACA recipients deserve better than to see their life prospects rise and fall based on events in litigation. The university continues to call on Congress to enact permanent protections for the Dreamers, including a path to citizenship,” UCOP stated in a press release.
The entirety of Thursday’s decision can be viewed below:
Once again, the 9th Circuit Court of Appeals dishes out its left-wing perversion of justice. Just like the SCOTUS can overturn established precedent (e.g. Dred Scott), the president is entitled to reverse any previous presidential action. DACA is not an act of Congress; being established by a presidential memorandum means it can be revoked by presidential memorandum. Not only that, but DACA has several legal flaws, not the least of which is that only Congress can institute a program granting work permits. The defense of DACA’s deferred action aspect is also dubious; it isn’t clear at all that the President… Read more »