Appeals court rules against Trump on DACA immigrant policy

SAN FRANCISCO (AP) — A U.S. appeals court ruled Thursday that President Donald Trump cannot immediately end an Obama-era program shielding young immigrants from deportation.

A three-judge panel of the 9th U.S. Circuit Court of Appeals unanimously kept in place a preliminary injunction blocking Trump's decision to phase out the Deferred Action for Childhood Arrivals program.

Lawsuits by California and others challenging the administration's decision will continue in federal court while the injunction remains in place.

In Thursday's ruling, 9th Circuit Judge Kim Wardlaw said California and other plaintiffs were likely to succeed with their claim that the decision to end DACA was arbitrary and capricious.

RELATED: Faces of those impacted by Deferred Action for Childhood Arrivals (DACA)

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Faces of those impacted by Deferred Action for Childhood Arrivals (DACA)
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Faces of those impacted by Deferred Action for Childhood Arrivals (DACA)
Paulina, 26, a DACA recipient, is comforted after watching U.S. Attorney General Jeff Sessions' announcement on the Deferred Action for Childhood Arrivals (DACA) program on a projection screen at the Coalition for Humane Immigrant Rights of Los Angeles (CHIRLA) headquarters in Los Angeles, California, U.S., September 5, 2017. Paulina, a graduate of UCLA, arrived in the U.S. when she was 6 years old. She said the decision was really upsetting but she was going to continue to work to push members of Congress to enact a law to protect their rights. "We are not going to give up", she said. REUTERS/Monica Almeida
Young DACA recipients, Mario, Melanie and Luis, watch U.S. Attorney General Jeff Sessions' announcement on the Deferred Action for Childhood Arrivals (DACA) program, on a projection screen at the Coalition for Humane Immigrant Rights of Los Angeles (CHIRLA) headquarters in Los Angeles, California, U.S., September 5, 2017. REUTERS/Monica Almeida
Jorge-Mario Cabrera, CHIRLA spokesman and Communications Director (R), along with staff and young DACA recipients watches U.S. Attorney General Jeff Sessions' announcement on the Deferred Action for Childhood Arrivals (DACA) program, on a projection screen at the Coalition for Humane Immigrant Rights of Los Angeles (CHIRLA) headquarters in Los Angeles, California, U.S., September 5, 2017. REUTERS/Monica Almeida
NEW YORK, NY - FEBRUARY 18: A family fills out an application for Deferred Action for Childhood Arrivals (DACA), at a workshop on February 18, 2015 in New York City. The immigrant advocacy group Make the Road New York holds weekly workshops to help immigrants get legal status under DACA to work in the United States. An expansion of the national program, scheduled for this week, was frozen by a ruling from a Texas federal judge. The Obama Administration plans to appeal the ruling and, if sussessful, DACA would allow legalization of up to two million immigrants who entered the United States before they were age 16. (Photo by John Moore/Getty Images)
LOS ANGELES, CA - AUGUST 15: People attend an orientation class in filing up their application for Deferred Action for Childhood Arrivals program at Coalition for Humane Immigrant Rights of Los Angeles on August 15, 2012 in Los Angeles, California. Under a new program established by the Obama administration undocumented youth who qualify for the program, called Deferred Action for Childhood Arrivals, can file applications from the U.S. Citizenship and Immigration Services website to avoid deportation and obtain the right to work. (Photo by Kevork Djansezian/Getty Images)
LOS ANGELES, CA - AUGUST 15: Mitzi Pena, 19, (R) her sister Yaretzi Pena, 5, and her cousin Karina Terriquez, 20, (L) wait in line to receive assitance in filing up their application for Deferred Action for Childhood Arrivals program at Coalition for Humane Immigrant Rights of Los Angeles on August 15, 2012 in Los Angeles, California. Under a new program established by the Obama administration undocumented youth who qualify for the program, called Deferred Action for Childhood Arrivals, can file applications from the U.S. Citizenship and Immigration Services website to avoid deportation and obtain the right to work. (Photo by Kevork Djansezian/Getty Images)
LOS ANGELES, CA - AUGUST 15: People attend an orientation class in filing up their application for Deferred Action for Childhood Arrivals program at Coalition for Humane Immigrant Rights of Los Angeles on August 15, 2012 in Los Angeles, California. Under a new program established by the Obama administration undocumented youth who qualify for the program, called Deferred Action for Childhood Arrivals, can file applications from the U.S. Citizenship and Immigration Services website to avoid deportation and obtain the right to work. (Photo by Kevork Djansezian/Getty Images)
Edgar Lopez shows his Employment Authorization Card, at home in Davenport, Florida, February 1, 2013. Edgar and his brother Javier are among the 1.7 million estimated illegal immigrants younger than 30 who were brought to the U.S. as children and are eligible for Deferred Action for Childhood Arrivals. (Ricardo Ramirez Buxeda/Orlando Sentinel/MCT via Getty Images)
LOS ANGELES, CA - AUGUST 15: Oscar Barrera Gonzalez along with a group of immigrants, known as DREAMers, hold flowers as they listen to a news conference to kick off a new program called Deferred Action for Childhood Arrivals at the Coalition for Humane Immigrant Rights of Los Angeles on August 15, 2012 in Los Angeles, California. Under a new program established by the Obama administration undocumented youth who qualify for the program, called Deferred Action for Childhood Arrivals, can file applications from the U.S. Citizenship and Immigration Services website to avoid deportation and obtain the right to work (Photo by Kevork Djansezian/Getty Images)
LOS ANGELES, CA - AUGUST 15: Roberto Larios, 21, (R) holds Deferred Action for Childhood Arrival application as he waits in line with hundreds of fellow undocumanted immigrants at the Coalition for Humane Immigrant Rights of Los Angeles offices to apply for deportation reprieve on August 15, 2012 in Los Angeles, California. Under a new program established by the Obama administration undocumented youth who qualify for the program, called Deferred Action for Childhood Arrivals, can file applications from the U.S. Citizenship and Immigration Services website to avoid deportation and obtain the right to work (Photo by Kevork Djansezian/Getty Images)
LOS ANGELES, CA - AUGUST 15: Brenda Robles, 20, (R) holds her high school diploma as she waits in line with her friends at at the Coalition for Humane Immigrant Rights of Los Angeles offices to apply for deportation reprieve on August 15, 2012 in Los Angeles, California. Under a new program established by the Obama administration undocumented youth who qualify for the program, called Deferred Action for Childhood Arrivals, can file applications from the U.S. Citizenship and Immigration Services website to avoid deportation and obtain the right to work (Photo by Kevork Djansezian/Getty Images)
LOS ANGELES, CA - AUGUST 15: Hundreds of people line up around the block from the Coalition for Humane Immigrant Rights of Los Angeles offices to apply for deportation reprieve on August 15, 2012 in Los Angeles, California. Under a new program established by the Obama administration undocumented youth who qualify for the program, called Deferred Action for Childhood Arrivals, can file applications from the U.S. Citizenship and Immigration Services website to avoid deportation and obtain the right to work (Photo by Kevork Djansezian/Getty Images)
Undocumented UCLA students Alejandra Gutierrez (L) and Miriam Gonzales attend a workshop for the Deferred Action for Childhood Arrivals program in Los Angeles, California, August 15, 2012. President Barack Obama's administration announced on June 15 it would relax U.S. deportation rules so that many young illegal immigrants who came to the United States as children can stay in the country and work. The changes went into effect on Wednesday. REUTERS/Jonathan Alcorn (UNITED STATES - Tags: POLITICS SOCIETY IMMIGRATION)
Alan Valdivia receives assistance in filling out paperwork for the Deferred Action for Childhood Arrivals program at the Coalition for Humane Immigrant Rights of Los Angeles in Los Angeles, California, August 15, 2012. The U.S. government began accepting applications on Wednesday from young illegal immigrants seeking temporary legal status under relaxed deportation rules announced by the Obama administration in June. REUTERS/Jonathan Alcorn (UNITED STATES - Tags: POLITICS SOCIETY IMMIGRATION)
People fill out paperwork for the Deferred Action for Childhood Arrivals program at the Coalition for Humane Immigrant Rights of Los Angeles in Los Angeles, California, August 15, 2012. The U.S. government began accepting applications on Wednesday from young illegal immigrants seeking temporary legal status under relaxed deportation rules announced by the Obama administration in June.REUTERS/Jonathan Alcorn (UNITED STATES - Tags: POLITICS SOCIETY IMMIGRATION)
Students wait in line for assistance with paperwork for the Deferred Action for Childhood Arrivals program at the Coalition for Humane Immigrant Rights of Los Angeles in Los Angeles, California, August 15, 2012. The U.S. government began accepting applications on Wednesday from young illegal immigrants seeking temporary legal status under relaxed deportation rules announced by the Obama administration in June. REUTERS/Jonathan Alcorn (UNITED STATES - Tags: POLITICS SOCIETY IMMIGRATION)
Undocumented UCLA students prepare paperwork for the Deferred Action for Childhood Arrivals program in Los Angeles, California, August 15, 2012. President Barack Obama's administration announced on June 15 it would relax U.S. deportation rules so that many young illegal immigrants who came to the United States as children can stay in the country and work. The changes went into effect on Wednesday. REUTERS/Jonathan Alcorn (UNITED STATES - Tags: POLITICS SOCIETY IMMIGRATION)
Paulina, 26, a DACA recipient during U.S. Attorney General Jeff Sessions' announcement on the Deferred Action for Childhood Arrivals (DACA) program, on a projection screen at the Coalition for Humane Immigrant Rights of Los Angeles (CHIRLA) headquarters in Los Angeles, California, U.S., September 5, 2017. Paulina, a graduate of UCLA, arrived in the U.S. when she was 6 years old. She said the decision was really upsetting but she was going to continue to work to push members of Congress to enact a law to protect their rights. "We are not going to give up", she said. REUTERS/Monica Almeida
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She said the court is not trying to infringe on the president's power regarding immigration law and instead wants to enable the exercise of that authority "in a manner that is free from legal misconceptions and is democratically accountable to the public."

The Trump administration has said it moved to end the program last year because Texas and other states threatened to sue, raising the prospect of a chaotic end to DACA.

An email to the U.S. Department of Justice was not immediately returned.

DACA has protected some 700,000 people who were brought to the U.S. illegally as children or came with families that overstayed visas.

Trump's decision to end it prompted lawsuits across the nation, including one by California. A judge overseeing that lawsuit and four others ruled against the administration and reinstated the program in January.

U.S. District Judge William Alsup rejected the argument that then-President Barack Obama had exceeded his power in creating DACA and said the Trump administration failed to consider the disruption that ending the program would cause.

The Trump administration then asked the 9th Circuit to throw out Alsup's ruling.

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 and defended the move against assertions that it was arbitrary and capricious.

"It's a question of an agency saying, 'We're not going to have a policy that might well be illegal,'" Mooppan told the judges. "That is a perfectly rational thing to do."

Mooppan said the administration was under no obligation to consider the fact that people had come to rely on DACA.

The judges on the 9th Circuit panel appeared skeptical of the argument that the DACA decision was beyond the court's authority to review.

Wardlaw noted at the previous hearing that another appeals court had reviewed a similar Obama administration immigration policy.

Judge Jacqueline Nguyen questioned whether courts could intervene if they thought DACA was legal and disagreed with the administration's position that it wasn't.

The administration has been critical of the 9th Circuit and took the unusual step of trying to sidestep it and have the California DACA cases heard directly by the U.S. Supreme Court. The high court in February declined to do so.

Federal judges in New York and Washington also have ruled against Trump on DACA.

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