Ninth Circuit Affirms Injunction that Bars Cessation of DACA

Immigration advocates and other interested parties continue to challenge the Trump administration’s efforts to end the Deferred Action for Childhood Arrivals (DACA) in ongoing litigation, which is currently before the U.S. Court of Appeals for the Ninth Circuit. Most recently, the Court upheld the injunction of the federal district court barring the federal government from ending the DACA program. The Court also affirmed the partial grant and partial denial of the government’s motion to dismiss for failure to state a claim.

In its opinion, the Court held that neither the Administrative Procedure Act (APA) nor the Immigration and Nationality Act (INA) barred judicial review of the administration’s decision to end the DACA program. The APA did not bar review of the decision because the Acting Secretary of the Department of Homeland Security (DHS) based its rescission of DACA on a belief that the DACA program was beyond the authority of DHS. Therefore, the DHS decision is subject to review by the courts.

                         Ninth Circuit Affirms Injunction that Bars Cessation of DACA

Similarly, the Court rejected the government’s argument that 8 U.S.C. § 1252(g) precludes judicial review of any agency action or decision to commence proceedings, adjudicate cases, or execute removal orders. The Court ruled that since the DHS decision did not fall within any of the three decisions or actions specifically mentioned in the statute, then the INA also did not bar the decision from being subject to review by the courts.

As for the merits of the suit, the Court found that the plaintiffs were likely to succeed on their claims that the DHS action in terminating DACA was arbitrary and capricious, and thus must be set aside by the APA. The Court concluded that the Acting Secretary of DHS was incorrect in his assertion that DACA was an unconstitutional and illegal exercise of executive authority, and that DACA was, in fact, a permissible exercise of executive discretion.

Peek & Toland dedicates a large part of its practice to helping both individuals and businesses resolve their immigration-related issues. Immigration law is a complex, ever-changing area of the law that necessitates legal advice from experienced immigration lawyers who keep up-to-date with all relevant changes in law and policy. We will work with you to achieve the most positive outcome possible in your situation. Call our office today and set up a consultation with our skilled immigration attorneys today.

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