Saturday, May 18, 2019

Fourth Circuit rules DACA rescission unlawful

Nicholas Wu from USA Today announces that on Friday May 17, 2019, a federal appeals court ruled that the Trump administration's rescission of the Deferred Action for Childhood Arrivals program, or DACA, was unlawful, reversing a decision by a lower court.  

In a 2-1 decision, the U.S. Court of Appeals for the Fourth Circuit ruled that the Department of Homeland Security had not followed the law in terminating the program. The court found that the way in which the Trump administration ended the program in September 2017 was “arbitrary and capricious” and thus a violation of the Administrative Procedure Act (APA).

This ruling does not have any immediate effect because rulings by other courts have required that DACA by kept in force. In November 2018, the Ninth Circuit Court of Appeals upheld a nationwide injunction that allowed DACA to remain in effect. 

“Hundreds of thousands of people had structured their lives on the availability of deferred action during the five years between the implementation of DACA and the decision to rescind,” the Fourth Circuit judges wrote in the majority opinion. “Although the government insists that Acting Secretary Duke considered these interests in connection with her decision to rescind DACA, her Memo makes no mention of them.”

UPDATE 4th Circuit opinion 

MHC

https://lawprofessors.typepad.com/immigration/2019/05/fourth-circuit-rules-daca-rescission-unlawful.html

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