Ninth Circuit Court of Appeals Rules on DACA

Hundreds of UCSB students walked out on March 5, 2018 to demand more resources and support for undocumented students on campus.

Erika Carlos (file)

Hundreds of UCSB students walked out on March 5, 2018 to demand more resources and support for undocumented students on campus.

The Ninth Circuit Court of Appeals decided today to uphold the Deferred Action for Childhood Arrivals (DACA) nationwide injunction that is preventing the Department of Homeland Security (DHS) from ending the program. The decision will continue to allow DACA recipients to retain and renew their DACA status. “Today’s decision is yet another strong message from our nation’s courts that the government’s attempt to rescind DACA was unlawful,” wrote the UC Office of the President in a statement.

A number of lawsuits were filed against the Trump administration and Homeland Security after the Trump administration announced in September 2017 they would rescind the DACA program. Suits were filed by the Regents of the University of California, as well as the City of San Jose, the County of Santa Clara, Service Employees International Union Local 521, a group of states led by California, and a group of individual DACA recipients led by Dulce Garcia.

The Justice Department claims the DACA program was unconstitutionally instituted by the Obama administration in 2012. The Ninth Circuit ruling found that “DACA was a permissible exercise of executive discretion.”

The University of California has called on the administration to stop its efforts to rescind the program. “While today’s ruling is welcome news, we stress that DACA recipients deserve better than to see their life prospects rise and fall based on events in litigation,” wrote the UC Office of the President.

It is expected the case will reach the Supreme Court.