“DACA is constitutional, deal with it”, the ACLU said.
DACA has been an active policy for just short of six years now – it’s never not been active law since Obama put it in place – though current U.S. President Donald Trump has tried his hardest to have the legislature removed from law.
The program, called Deferred Action for Childhood Arrivals, was established in 2012 by President Barack Obama.
But rather than provide clarity on the future of DACA, the ruling only adds layers of complexity to an existing morass in the courts about the program’s future. Opponents said the ban violates federal immigration law and favors one religion over another.
A group, including the National Association for the Advancement of Coloured People, Princeton University and Microsoft sued in November to save the programme that allowed Dreamers to remain and work in the US. The case in the 9th Circuit, out of California, is farther along, with oral arguments scheduled for May.
In recent months, the DREAMers’ struggle to stay in the United States has been teetering on a precipice.
For some, the ruling was not what they wanted to hear.
California Attorney General Xavier Becerra, who took one of the first legal actions against the administration’s decision previous year, also welcomed the ruling, calling it on Twitter a victory for Dreamers, as DACA recipients are known, and “for everyone who has boldly fought in court”.
The Supreme Court needs to get off their collective butts and take another crack at this.
The New York Times’s Miriam Jordan gives an account of the ruling in “U.S”.
Judge John D. Bates of Federal District Court for the District of Columbia didn’t feel that was sufficient – at all.
DHS said it will appeal the judge’s opinion.
The program now protects about 694,000 Dreamers from deportation, all of whom are able to renew their current benefits under the two previous court rulings.
The ruling won’t come into play immediately since the judge has allowed the administration 90 days to make its case in a new memo, justifying the end of the program.
Mr Trump has said the programme is being misused by a growing number of illegal migrants and accused Mexico of being lax about border security. If that does not happen he will reinstate the DACA program.
Natalia Lopez: It means they now have the possibility of being protected under DACA.
Immigration activists cheered Tuesday’s decision but the Justice Department said it will continue to defend the phaseout.
The rulings wipe out the end-date of March 5 set in place by the Trump Administration. From there, it is expected to go to the Supreme Court, which may not rule until the spring of 2019.