Trump administration files appeal against federal judge’s DACA decision
Students and activists have organized rallies since September to protest the termination of Deferred Action for Childhood Arrivals program.(Michael Zshornack/Photo editor)
By Sharon Zhen
January 16, 2018 4:17 pm
This post was updated Jan. 16 at 5:47 p.m.
President Donald Trump’s administration filed an appeal Tuesday against a federal court order made last week that blocked the administration from ending a program that deferred deportation for undocumented individuals brought to the United States as children.
The Department of Justice asked the 9th U.S. Circuit Court of Appeals to review federal Judge William Alsup’s decision from last week. Alsup had ordered the Department of Homeland Security to process renewal applications from individuals who were previously covered by Deferred Action for Childhood Arrivals while courts review lawsuits filed to protect the program.
Trump announced in September he would end DACA, a program enacted by former President Barack Obama in 2012 that has helped thousands of undocumented individuals procure the documentation necessary to get jobs, open bank accounts and obtain driver’s licenses in certain states.
The University of California and other groups, including the state of California, sued the Trump administration in September, argued that ending the program violated DACA recipients’ constitutional rights. In November, the UC filed a joint motion with several groups, including the state of California, asking Alsup to allow DACA to continue operating until a final court ruling.
The DOJ also said in a statement it plans to file a petition with the Supreme Court later this week asking it to review the case.
The UC released a statement Tuesday stating it believes Alsup’s ruling last week was based on the correct application of settled legal principles. It added it will oppose the administration’s decision to take its appeal directly to the Supreme Court instead of waiting for a ruling from the Court of Appeals.
“The administration’s disregard for ordinary appellate procedures echoes the irregular manner in which it tried to rescind DACA,” the statement said.