News Americas, NEW YORK, NY, Thurs. Jan. 11, 2018: San Francisco Judge William Alsup upset Donald Trump Tuesday by ruling that DACA, (the Deferred Action for Childhood Arrivals) cannot be ended by the President right now. Here are 8 things you should know about the ruling:
1: Judge Alsup ruled in San Francisco’s 9th Circuit on Tuesday that the Obama-era program that protects some 800,000 young people who came into the US with their parents without legal status must remain in place while the litigation is resolved. He said Atty. Gen. Jeff Sessions opinion that President Obama had gone beyond his legal authority in setting up DACA was “a flawed legal premise.” DACA was and remains a lawful exercise of authority” by immigration officials, the judge wrote.
2: Judge Alsup also ruled that the federal government did not have to process new applications from people who had never before received protection under the program. However, he ordered the government to continue processing renewal applications from people who had previously been covered. “In terminating DACA,” the administration “failed to address the 689,800 young people who had come to rely on DACA to live and to work in this country. These individuals had submitted substantial personal identifying information to the government, paid hefty fees, and planned their lives according to the dictates of DACA,” the judge wrote.
3: The judge also ruled that the plaintiffs were likely to succeed in arguing that the government’s decision to end DACA was arbitrary.
4: He wrote: “DACA gave them a more tolerable set of choices, including joining the mainstream workforce. Now, absent an injunction, they will slide back to the pre-DACA era and associated hardship.”
5: Alsup’s decision follows a number of rulings by other U.S. judges seeking to rein in Trump’s immigration policies, including decisions that limited administration moves against sanctuary cities and narrowed the scope of a ban against travel from some Muslim-majority counties.
6: The Department of Justice, however, insisted it will continue to vigorously defend the administration’s position.
7: Trump attacked the ruling on Twitter writing that “The opposing side in a case (such as Daca) always runs to the 9th Circuit and almost always wins before being reversed by higher courts.”
8: Judge Alsup was appointed to the court in 1999 by President Clinton. He was born in Jackson, Mississippi and went on to serve as a law clerk to Justice William O. Douglas of the Supreme Court of the United States from 1971 to 1972.