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Taco John 11-08-2018 01:20 PM

9th Circuit rules President cannot end DACA program
Federal appeals court rules against Trump administration effort to end DACA program

WASHINGTON – A federal appeals court ruled Thursday that President Donald Trump cannot end an Obama administration program that protects undocumented immigrants brought to the United States as children.

A panel of the U.S. Court of Appeals for the 9th Circuit agreed with a federal district judge's decision in January that Trump lacked the authority to eliminate the program – a proposal the president made last year in hopes of prodding Congress to act.

"Plaintiffs are likely to succeed on their claim that the rescission of DACA — at least as justified on this record — is arbitrary, capricious or otherwise not in accordance with law," the three-member panel said.

"In a world where the government can remove only a small percentage of the undocumented noncitizens present in this country in any year," the panel said, DACA lets it "devote much-needed resources to enforcement priorities such as threats to national security, rather than blameless and economically productive young people with clean criminal records."

The decision leaves in place for now the popular Deferred Action for Childhood Arrivals program known as DACA, which has protected more than 700,000 undocumented immigrants from deportation and enabled them to get work permits.

The court noted it was created because of the "cruelty and wastefulness of deporting productive young people to countries with which they have no ties."

But the Justice Department is likely to appeal the ruling to the Supreme Court, which now has five reliably conservative justices. The high court in February refused to leap-frog the appeals court's review of Judge William Alsup's decision.

Two other federal appeals courts also are reviewing the dispute between the Trump administration and the states, local governments and immigrant rights groups fighting to maintain the program.

The 9th Circuit decision explores more than 100 years of presidential administrations deciding that not every law must be enforced 100% of the time, and that not all people should be punished for every violation.

The opinion cited President Ronald Reagan’s decision to protect relatives of undocumented immigrants who were granted amnesty in 1986 and President Dwight Eisenhower’s decision to protect over 30,000 Hungarian refugees in 1956. It found 19 other examples of large groups of foreigners protected from deportation.

The court even cited the case of John Lennon and Yoko Ono, who were nearly deported due to a marijuana possession charge in Britain but were ultimately allowed to remain in the U.S. because they were not priorities for deportation.

Taco John 11-08-2018 01:20 PM


vailpass 11-08-2018 01:22 PM

So Congress made DACA into law? When did that happen?

Just Passin' By 11-08-2018 01:26 PM

The 9th trying to be the superlegislature again.

vailpass 11-08-2018 01:59 PM


Originally Posted by Just Passin' By (Post 13878525)
The 9th trying to be the superlegislature again.

Two more years of a Senate majority should allow Trump to clear that up a little.

tmax63 11-09-2018 07:50 AM

That ruling just gets it to the Supremes like was originally intended. What's the 9th's overturn rate again?????

Bugeater 11-09-2018 07:52 AM


There's that word again...

Prison Bitch 11-09-2018 08:02 AM

Just offer them full citizenship.

They're gojng to eventually get it anyway, why is this still even being debated? It's so dumb. They aren't going anywhere and in 2 years the Dems will sweep to full power, legalize them, and do a "5 year path" which will have minimal if any strings attached.

Besides, I've been told they're all "natural Repukelican" so don't fear. They'll be reading g Wealth of Nations and listening to Paul Ryano speeches on entitlement reform before you know it.

Bob Dole 11-09-2018 08:57 AM

It’s a ****ing EO. What a bunch of shit.

Pogue 11-09-2018 09:54 AM

(Kavanaugh reading the 9ths decision)


wazu 11-09-2018 10:02 AM


Originally Posted by Bugeater (Post 13879896)

There's that word again...

They’ve gone paperless. That’s a good thing, right?

HonestChieffan 11-09-2018 10:19 AM

Trump..."hold my beer". Watches libs go nuts as SCOTUS rules he can

loochy 11-09-2018 10:22 AM


Originally Posted by Bugeater (Post 13879896)

There's that word again...

This site needs a filter that automatically changes "undocumented" to "illegal".

DaFace, make it happen!
Posted via Mobile Device

BucEyedPea 11-09-2018 10:46 AM


Originally Posted by tmax63 (Post 13879892)
That ruling just gets it to the Supremes like was originally intended. What's the 9th's overturn rate again?????

I went over to the Federalist Society's website, and they said it's being fast-tracked to the SC.

Randallflagg 11-09-2018 10:47 AM

....And again - this is what's wrong with our country and, will ultimately be the downfall of it. The "courts" overstepping their bounds and not allowing a sitting President to do his Constitutional duty.

This is the fascist left. Hang on - give it another 20 years. This country WILL be unrecognizable. We've all but killed Free Speech - these mass shootings will all but guarantee that the Second Amendment will be gutted beyond recognition and, sooner or later, just as in the former USSR - we will turn most of our "governing" decisions over to courts.

There is a storm coming........and it's coming fast.

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