Appeals Court Rules Trump Administration Unlawfully Ended DACA

Dreamer Dreamers Act DACA Court Ruling

On November 8, 2018, a federal appeals court ruled that President Donald Trump cannot put an end to the "dreamers act". The 9th Circuit Court of Appeals upheld a district court injunction that blocked the Trump administration's September 2017 termination of DACA. Before being terminated in September 2017, DACA protected young non-citizens who had no lawful immigration status from deportation if they demonstrated that they had completed or were enrolled in high school or a GED program, had no significant criminal history, and warranted the discretion of the government.

 

"Dreamers," as DACA recipients are often called, often were brought to the United States when they were infants or toddlers by their parents, have lived in the United States their entire life, and have integrated into American society. DACA offers young, undocumented individuals living in the United States a work permit and an opportunity to remain in the United States with temporary protection from deportation. It was and still is a temporary benefit used as a way for an estimated 700,000 young people to be able to work lawfully in the United States, despite facing attempts from the government of DACA student deportation.

 

In its published, official opinion, the Court states that DACA recipients "have plausibly alleged that the rescission of DACA was motivated by unconstitutional racial animus in violation of the Equal Protection component of the Fifth Amendment," and that the Trump administration's efforts to dismiss the lawsuit must be denied. For now, initial, first-time DACA applications are still unavailable. DACA holders may still continue to renew their DACA, per the decision of the district court months ago. The administration may now decide to appeal the 9th Circuit decision to the Supreme Court in its effort to terminate DACA. Ultimately, DACA advocates hope that the administration will decide to work with Congress and USCIS on immigration reform.

 

To find out how this may or may not affect you, reach out to Ibrahim Law LLC immigration firm today to schedule a consultation for yourself or a loved one.

Canon Mikho