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Published: Wed, January 17, 2018
Global Media | By Abel Hampton

Justice Department to Appeal Ruling That Blocked DACA Shut Down

Justice Department to Appeal Ruling That Blocked DACA Shut Down

9, a California federal judge temporarily blocked rollbacks of Deferred Action for Childhood Arrivals (DACA), which protects individuals who illegally entered the U.S.as minors from deportation, for a period of time.

But in a statement Tuesday Attorney General Jeff Sessions said "it defies both law and common sense" for the DACA program to be mandated nationwide by a single judge in San Francisco.

The department will bypass the 9th U.S. Circuit Court of Appeals, which has jurisdiction in the case, and appeal directly to the high court, a rare procedural move.

California Attorney General Xavier Becerra, who is suing the administration for putting an end to the program, says the lower court ruling was a step in the right direction.

The ruling came the same day as Trump's meeting with both Democratic and Republican lawmakers, in which they discussed DACA and border protection.

The fate of DACA recipients, also known as "dreamers", is at the heart of a legislative dispute on Capitol Hill that could result in a government shutdown later this week.

"Why would anyone want to negotiate a bad deal to get DACA now that it's become clear the court is saying the Trump administration may have tried to repeal the program in an unlawful way?" Until further notice, and unless otherwise provided in this guidance, the DACA policy will be operated on the terms in place before it was rescinded on September 5, 2017.

I'll leave others to speak to the absurdity and legal vagaries of this judge's decision, as Josh Blackman already has done superbly in an article at National Review Online. The appeals court is expected to support the judge and reject the administration's appeal.

The program, also known as DACA, provides protections and work permits to individuals who entered the US illegally as children. Alsup also said the government did not have to accept new applicants. "The problem affects every state and territory of the United States", he wrote.

Trump's decision to end the program a year ago led to a call for a legislative fix. He said states, immigrants and public universities faced significant losses if a court found that the administration had acted improperly in terminating the program.

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