The U.S. Court of Appeals for the Ninth Circuit upheld a lower court’s preliminary injunction blocking the federal government’s attempt to end the Deferred Action for Childhood Arrivals (DACA) program.
The U.S. Court of Appeals for the Ninth Circuit upheld a lower court’s preliminary injunction blocking the federal government’s rollback of the Deferred Action for Childhood Arrivals (DACA) program, reports The Recorder. Circuit Judge Kim Wardlaw said Department of Homeland Security Secretary Kirstjen Nielsen was “incorrect in her belief that DACA was illegal and had to be rescinded.” Wardlaw turned back the administration’s conclusion that its decision DACA was illegal was not reviewable by the courts. “The government may not simultaneously both assert that its actions are legally compelled, based on its interpretation of the law, and avoid review of that assertion by the judicial branch, whose ‘province and duty’ it is ‘to say what the law is,’” she wrote, quoting from the 1803 ruling Marbury v. Madison.
The Ninth Circuit ruling upholds a ruling from federal judge William Alsup of San Francisco, who blocked the Trump administration’s decision to roll back DACA. The DACA program temporarily exempts certain undocumented immigrants brought to the U.S. as children from deportation. Lawyer Ethan Dettmer, whose firm represented a group of DACA recipients, said his clients “embody the American Dream.” Wardlaw opens her opinion with a description of Dulce Garcia, who was brought to the U.S. by her parents as a 4-year-old, and who now serves as a lawyer for underserved communities. “DACA was put in place to prevent ‘the cruelty and wastefulness of deporting productive young people to countries with which they have no ties,’” Dettmer said. “Today’s order is a victory for the rule of law that allows DACA holders to continue to renew their DACA status.” The Ninth Circuit decision comes after the Department of Justice petitioned the U.S. Supreme Court to weigh in on the future of DACA recipients.