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Appeals court says Trump administration can’t end DACA



The ruling issued by a jury of the 9th Court of Appeals of the US circuit provides that a national injunction allowing the continuation of the deferred action program for childhood arrivals will remain in force.

Probably the challengers will be successful in their argument that the planned elimination is illegal, the court said.

"We conclude that the plaintiffs are able to state that the termination of DACA – at least as justified in this document – is arbitrary, capricious or otherwise not in accordance with the law," reads Judge Kim McLane Wardlaw, a appointment of President Bill Clinton.

In September 2017, the Trump administration announced plans to phase out the DACA gradually, but lower court judges blocked the administration and ordered the renewal of protections for beneficiaries to continue until appeals are resolved.

The legality of the program is not in question in this particular case. Instead, lower courts are examining how the administration made the decision to end the DACA.

Thursday's case was brought by the University of California, as well as by California and some other states.

California Attorney General Xavier Becerra called the sentence a "tremendous victory" for "our young immigrant dreamers".

"This fight, of course, is all but over," he said in a statement. "We will continue to defend Dreamers and DACA up to the Supreme Court, if necessary."

The Trump administration asks the Supreme Court to revise

The Justice Department had already asked the Supreme Court to review the injunction of the district court, arguing that Obama administration had allowed "700,000 aliens to stay in the United States even if the existing laws gave them no chance to do so."

Trump's Internal Security Department concluded the policy "based on serious doubts about its legality and the practical implications of its maintenance," the Justice Department wrote in a court on Monday.

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"Today's sentence is another blow to Trump administration efforts to dismantle the DACA, but it could also be only temporary, "said Steve Vladeck, a CNN legal analyst who is a professor at the University of Texas School of Law.

Now that the 9th Circuit has established, "it seems much more probable that the judges will accept the government's ongoing request to resolve the issue, perhaps as soon as by the end of the current parliamentary term in June," Vladeck

President Donald Trump said Wednesday that he wants to see what the Supreme Court will eventually decide and has blamed the White House and Congress for not agreeing on the DACA.

"The judge had not established that way, I think we would have made a deal," Trump said at a press conference. "Once the judge decided that way, the Democrats did not want to talk anymore, so we'll see how it works at the Supreme Court."

The options that have been discussed are extending the DACA or providing a path for citizenship in exchange for funding for a wall along the US-Mexico border.

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