A divided three-judge panel on the 4th U.S. Circuit Court of Appeals said in its ruling that the Department of Homeland Security’s decision to rescind the DACA program violated federal law because “it was not adequately explained and thus was arbitrary and capricious.”
The Richmond-based federal appeals court is the second appeals court to rule against President Trump in his attempt to wind down the DACA program, which was implemented by the Obama administration in 2012 and protected immigrants brought to the U.S. illegally as children from the threat of deportation.
In November, the 9th U.S. Circuit Court of Appeals upheld a lower court order blocking the government from rescinding the DACA program. The San Francisco-based court said then that plaintiffs in that challenge to the administration’s efforts to end DACA were likely to succeed in their claim that the rescission “is arbitrary, capricious, or otherwise not in accordance with law.”
The Justice Department has asked the Supreme Court to take up the dispute over its attempted rollback, though the court has not acted on numerous petitions currently before it.
House Minority Leader Nancy Pelosi put a member of her caucus to sleep today on the House floor reading what we White House reporrers used to call “sob stories” – actual examples of people affected by a policy – involving Dreamers.
Rep. Doris Matsui of California was either stupified into unconsciousness by Pelosi’s remarks or was seeking to make a dramatic point about dreaming. You decide.
She passes out of a state of wakefulness at 0:04 – 0:19 and then again at 1:35 – 2:15
The White House will release a legislative framework on Monday that represents a compromise that members of both parties can support. We encourage the Senate to bring it to the floor. This framework will fulfill the four agreed-upon pillars: securing the border and closing legal loopholes; ending extended-family chain migration; cancelling the visa lottery, and providing a permanent solution on DACA.
Democrats backed down Monday and agreed to allow the government to reopen, failing to make good on their promise to keep federal offices closed until Republicans struck a deal on DACA.
All Democrats got from the GOP was a promise of a vote on a bill to address President Trump’s recision of Barack Obama’s order protecting “dreamers” who came to the United States illegally as children. They did not get a promise that the bill would pass.
President Trump issued a defiant statement saying there will be “a long-term deal on immigration if, and only if, it is good for our country,” pointedly refusing to make any promises:
I am pleased that Democrats in Congress have come to their senses and are now willing to fund our great military, border patrol, first responders, and insurance for vulnerable children. As I have always said, once the Government is funded, my Administration will work toward solving the problem of very unfair illegal immigration. We will make a long-term deal on immigration if, and only if, it is good for our country.
I think it’s an opening position in a negotiation. But who knows how much President Trump can get on immigration in return for allowing the “dreamers” to stay, which is a partial amnesty? Maybe, if the Democrats actually care more about people than having this as a political issue, they’ll give in on the wall or at least some other strong measures.
From an appearance on Hannity’s Fox News show Wednesday night.