A federal appeals court has ruled that President Donald Trump can not revoke protections enshrined by the Obama-era Deferred Action for Childhood Arrivals program, ensuring that the program will continue to benefit its undocumented recipients for the time being.
A three-judge panel of the 9th U.S. Circuit Court of Appeals on Thursday chose to keep in place an injunction blocking Trump's decision to phase out the Deferred Action for Childhood Arrivals program, or DACA.
A federal appeals court supported the University of California Board of Regents in their case against the current federal administration's decision to end Deferred Action for Childhood Arrivals on Thursday.
DACA, which was created under the Obama administration through executive order, gives some illegal immigrants who were brought to the United States as children the opportunity to receive a renewable two-year period of deferred action from deportation and become eligible for a work permit.
The Trump administration moved to end the program in 2017 after Texas and other states threatened to sue to force an end to the program.
Federal judges in NY and Washington also have ruled against Trump on DACA.
Other Jewish organizations that condemned the decision to end DACA included Bend the Arc, J Street, the National Council of Jewish Women, T'ruah: The Rabbinic Call for Human Rights, the Shalom Center and the Anne Frank Center for Mutual Respect.
The Justice Department did not immediately respond to a request for comment.
Lawsuits both challenging and supporting Trump's decision to end DACA have been working their way through the courts, making it likely the issue will wind up in front of the Supreme Court. "That is a perfectly rational thing to do".
During a hearing in May, Deputy Assistant Attorney General Hashim Mooppan argued that the courts could not review the administration's decision to end DACA.
The majority opinion-authored by Judge Kim McLane Wardlaw and joined by Judge Jacqueline Nguyen-demonstrated how the program's rescission violates the Immigration and Naturalization Act and the Administrative Procedure Act.
The ruling by the 9th Circuit does not impact a nationwide injunction to preserve Daca issued by US District Judge Nicholas Garaufis in Brooklyn in February, which also has been appealed. She said executive agencies do not have the resources to deport every undocumented individual, which led Obama to pause deportation proceedings for minors through the creation of DACA. The three-judge panel supported past decisions that required the Trump administration continue accepting applications and renewals.
In February, a federal judge in NY also blocked the administration from ending DACA.
Aided by fellow Republicans in the U.S. Senate, Trump has made it a top priority to rapidly appoint judges in a bid to make the federal judiciary more conservative.