For the past two years federal courts have been the only check against President Trump’s efforts to crack down on immigration. Now that Democrats have won back the House of Representatives in the recent midterm elections, many Americans expect more accountability. One of the most important issues being the survival of the Deferred Action for Childhood Arrivals (DACA) program and the Temporary Protected Status (TPS). Back in September, Federal courts ordered the administration to keep both programs, but the Supreme Court, now featuring two Trump appointees, could change everything. So what does this mean for DACA moving forward?
After President Trump asked the Supreme Court to rule on DACA this week, a federal appeals court upheld a lower court’s temporary order preventing President Trump from ending DACA.
NEW: U.S. appeals court keeps in place preliminary injunction blocking Pres. Trump’s decision to phase out DACA. https://t.co/iTfL9W0o7I <a…
On Nov. 8, a U.S. appeals court ruled that President Trump’s decision to rescind the DACA program is unlawful. The 9th Circuit Court of Appeals blocked Trump from ending DACA protections for undocumented immigrants who came to the U.S. as children.
The 9th Circuit decision preserves the program for the moment but will require the administration to continue accepting DACA renewal applications. The court ruled that Trump’s decision to end DACA program was likely “arbitrary, capricious, or otherwise not in accordance with law.” The court also noted that “plaintiffs have stated a plausible equal protection claim,” showing plaintiffs’ allegations that “the rescission of DACA disproportionately impacts Latinos and individuals of Mexican heritage, who account for 93 percent of DACA recipients.”