Court of Appeal Decides Trump Cannot Cancel DACA Program

The Federal Court of Appeals for 8 November ruled that US President Donald Trump could not complete the DACA program, which protects illegal immigrants brought to the United States by children.

Фото: Depositphotos

A group of the US Court of Appeals for 9 District supported the January decision of the federal district judge that Trump does not have the authority to liquidate the program, writes USA Today.

“In a world where the government can only remove a small percentage of the illegal immigrants present in this country in a year, DACA allows the government to devote much-needed resources to priority areas such as addressing national security threats, rather than spending them on deporting economically productive young people without criminal record," the court said in its decision, which also called Trump's attempt to end DACA an "arbitrary and capricious" decision that does not comply with the law.

To reach a conclusion, the 9 District Court reviewed the decisions of presidential administrations over the past more than 100 years, and decided that not every law should be observed for 100% of the time, and that not all people should be punished for every violation.

This opinion referred to the decision of President Ronald Reagan to protect relatives of undocumented immigrants who were granted amnesty in 1986 and the decision of President Dwight Eisenhower to protect more 30 000 Hungarian refugees in 1956. 19 other examples were found where large groups of foreigners were protected against deportation.

The court even cited the case of John Lennon and Yoko Ono, who were almost deported because of the charge of possession of marijuana, which was brought against them in the UK, but they were eventually allowed to remain in the United States because they were not priorities for deportation.

Thus, the court decision left in action program DACA, which protects more than 700 000 illegal immigrants from being deported, allowing them to obtain work permits.

But The Department of Justice is likely to appeal this decision to the Supreme Court, which currently has a conservative majority.

The other two federal appeals courts are also considering a dispute between the Trump administration and the states, local governments and immigrant rights groups fighting to preserve the program.

Sana Abrar, a lawyer for the rights group on immigrants, United We Dream, predicts that these courts will decide in favor of the program.

The main argument of the Trump administration in an attempt to cancel the DACA is that it was introduced by decree of US President 44 Barack Obama, bypassing Congress, so you can cancel it simply by presidential decree.

Recall the Administration of US President Donald Trump 5 September 2017 announced the cancellation of the program, which protects against the deportation of 800 000 to illegal immigrants brought to the US by children - DACA (Deferred Action for Childhood Arrivals).

They were supposed to start being deported from 5 in March on 2018, however, lawsuits against Trump's decision led to the extension of the program, although it is still in limbo.

The essence of the program

Immigrants subject to the DACA, in most cases, entered the United States at a very young age - usually from Mexico and the countries of Central America - are known as “dreamers”. For the most part, they did not know any other homeland, except the USA Thanks to the anti-deportation program, they are now studying, working or serving in the US military.

The DACA program was adopted by Barack Obama in 2012. The program is designed for illegal immigrants imported into the United States by children and graduated from a school in this country (who served in the American army). If immigrants meet the requirements of DACA, they are entitled to work in the USA and to be protected from deportation for a period of two years. Then this permission can be extended.

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