Published: Wed, May 16, 2018
People | By Leon Thompson

Federal Appeals Court Will Soon Rule On Decision To End DACA

Federal Appeals Court Will Soon Rule On Decision To End DACA

The three-judge panel of the USA 9th Circuit Court of Appeals was the first appellate court to hear arguments about the decision past year to rescind DACA, which was created by the Department of Homeland Security through an executive order by former President Barack Obama in 2012.

Deputy Assistant Attorney General Hashim Mooppan argued Tuesday that the administration's decision could not be reviewed by courts, and he defended the move to end DACA against assertions that the decision was arbitrary and capricious. Trump has even said he has considered breaking up the court.

The decision by Trump to end DACA prompted lawsuits across the nation, including one by the state of California.

The judges on Tuesday seemed concerned about how the Trump administration chose to unwind the DACA program, whether the move had violated the equal protection rights of the recipients and if the court should take presidential tweets and statements in consideration as they considered the case.

The Trump administration now wants the 9th Circuit to throw out that ruling.

The appeals court said Congress specified that "federal courts may not hear an election contest involving the office of a "member of a state legislature.'" The appeals court judges also said they were not persuaded by arguments that the five voters" constitutional rights were violated.

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"The record reflects not one word of consideration for the 700,000 DACA recipients, not one word of consideration about the welfare of their families, including their 200,000 US citizen children, not one word of consideration about the schools they attend, their employers or even the national economy", Davidson said.

Wardlaw seemed to agree, saying the acting Homeland Security secretary did not give "any weight" to the fact that DACA was in effect and participants were using it.

Michael Mongan, the deputy solicitor general of California said the administration hadn't shown "its homework" and it was necessary to do so before terminating the program. "They haven't done that here".

Although the Trump administration announced plans to phase out the program last September, three judges in different districts across the country have temporarily blocked the government from doing so and ordered that renewals under the program should continue while the cases play out in court. The administration has been critical of the 9th Circuit and took the unusual step of trying to sidestep the appeals court and have the California DACA cases heard directly by the Supreme Court.

Although the hearing Tuesday was placed on the court's expedited schedule, it was not immediately known when the panel would make its decision.

The high court in February declined to do so.

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