Federal appeals court rules against Trump on ending DACA

Criminal Law

A federal appeals court ruled Friday the Trump administration acted in an “arbitrary and capricious” manner when it sought to end an Obama-era program that shields young immigrants from deportation.

A three-judge panel of the 4th U.S. Circuit Court of Appeals ruled 2 to 1 that the Trump administration violated federal law when it tried to end the Deferred Action for Childhood Arrivals program without adequately explaining why. The ruling overturns a lower court ruling a judge in Maryland made last year, which Trump had previously praised via Twitter.

Friday’s ruling will not have any immediate effect as other federal courts have already ordered that DACA be kept in place.

The 4th Circuit ruling said the Department of Homeland Security did not “adequately account” for how ending DACA program would affect the hundreds of thousands of young people who “structured their lives” around the program.

“We recognize the struggle is not over and there are more battles to fight in the Supreme Court on this road to justice, but our families are emboldened by knowing that they are on the right side of history,” said Gustavo Torres, executive director of Casa de Maryland, the lead plaintiff in the case.

Trump and his Justice Department have argued that the Obama administration acted unlawfully when it implemented DACA. The Justice Department declined to comment.

Preserving DACA is a top Democratic priority, but discussions between Trump and Democrats on the issue have gone nowhere.

Related listings

  • After Mueller, Trump says he'll fight Dems on all fronts

    After Mueller, Trump says he'll fight Dems on all fronts

    Criminal Law 04/21/2019

    President Donald Trump declared Wednesday that he and his administration will battle House Democrats on all legal fronts after the special counsel's Russia report, refusing to cooperate with subpoenas and appealing to the Supreme Court if Congress tr...

  •  6 appear in court on charges they sent mosque attack images

    6 appear in court on charges they sent mosque attack images

    Criminal Law 04/10/2019

    Six people appeared in a New Zealand court Monday on charges they illegally redistributed the video a gunman livestreamed as he shot worshippers at two mosques last month.Christchurch District Court Judge Stephen O’Driscoll denied bail to busin...

  • Court case to tackle jails' medication-assisted treatment

    Court case to tackle jails' medication-assisted treatment

    Criminal Law 02/11/2019

    The American Civil Liberties Union of Maine started making its case in federal court on Monday against the ban on medication-assisted treatment in county jail amid the opioid crisis.Democratic Gov. Janet Mills recently lifted the Maine Department of ...

Is Now the Time to Really Call a Special Education Lawyer?

IDEA, FAPE, CHILD FIND and IEPs: The Individuals with Disabilities Education Act (IDEA) guarantees all children with disabilities to a free appropriate public education (FAPE). FAPE starts with a school’s responsibility to identify that a child has a disability (Child Find) and create an Individualized Education Program (IEP) to suit the needs of the child. Parents need to be persistent, dedicated and above all else aware of the many services and accommodations that their child is entitled to under the law. As early as this point within your child’s special education, many parents will often find themselves in the situation asking, “is now the time to really call a special education lawyer?” Here are a few things to consider when asking yourself that question.