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Court hands DACA recipients another victory

Young immigrants brought illegally to the United States as children have won another legal victory.A federal j...

Posted: Feb 27, 2018 9:19 PM
Updated: Feb 27, 2018 9:19 PM

Young immigrants brought illegally to the United States as children have won another legal victory.

A federal judge in California ruled Monday that the government can't revoke DACA recipients' work permits or other protections without giving them notice and a chance to defend themselves.

The ruling in a California district court marks the third time a lower court has ruled against the administration's handling of the Deferred Action for Childhood Arrivals program. But this case, unlike the others, is not about President Donald Trump's September decision to end the program.

US District Judge Philip Gutierrez's preliminary injunction Monday addressed another aspect: government decisions to revoke protections from individual DACA recipients.

The Obama-era DACA program protected young immigrants brought illegally to the United States from deportation if they met certain criteria, paid fees, passed background checks and didn't commit serious crimes.

The Trump administration announced it was ending the program last year, arguing that it was unconstitutional. A series of recent lower court rulings have thwarted that effort, requiring the government to continue renewing permits under the program while legal challenges make their way through the courts. On Monday, the US Supreme Court said it was staying out of the dispute for now.

Meanwhile, activists across the country have increasingly criticized government decisions to end DACA protections in individual cases.

Monday's ruling came in a class action lawsuit filed by the American Civil Liberties Union. The suit argues that the government had revoked protections from DACA recipients who hadn't been convicted of serious crimes without giving them any opportunity to defend themselves.

An example: Officials revoked the work permit of one of the plaintiffs, Jesus Arreola, after he was arrested on suspicion of immigrant smuggling. An immigration judge later found that allegation wasn't credible, according to the ACLU's complaint. Arreola says he was an Uber and Lyft driver who had picked up passengers for a friend without any knowledge of their immigration status.

Attorneys representing the government argue that the plaintiffs had "misused the trust given to them with the administrative grace of DACA."

The judge said the Department of Homeland Security must restore protections to the group of DACA recipients who had them revoked "without notice, a reasoned explanation, or any opportunity to respond."

The ruling also temporarily blocks officials from revoking DACA protections from others without following a procedure "which includes, at a minimum, notice, a reasoned explanation, and an opportunity to be heard prior to termination."

The Justice Department did not immediately respond to a request for comment about Monday's ruling.

According to DHS, officials had revoked or terminated 2,139 individuals' DACA protections over the lifetime of the program as of August 2017.

The ruling came the same day the Supreme Court said it would stay out of the dispute over the termination of DACA for now, leaving renewals under the program in place for at least months.

Mississippi Coronavirus Cases

Data is updated nightly.

Confirmed Cases: 65436

Reported Deaths: 1848
CountyConfirmedDeaths
Hinds5487116
DeSoto352328
Madison238763
Harrison237835
Rankin222032
Jackson220142
Jones184258
Forrest172155
Washington158237
Lauderdale139090
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Lamar118414
Bolivar116333
Oktibbeha109037
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Warren100731
Scott98720
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Yazoo80712
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Simpson77930
Wayne74921
Monroe74751
Coahoma69711
Tate69227
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Marshall6389
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Winston60415
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Union56215
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Calhoun4009
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Smith39413
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Tippah32513
Clarke32425
Tunica3176
Montgomery3073
Yalobusha30710
Lawrence3067
Humphreys28211
Carroll25411
Quitman2401
Greene23111
Kemper22815
Jefferson Davis2266
Amite2206
Perry2207
Webster21612
Jefferson1946
Wilkinson19413
Sharkey1903
Stone1633
Benton1330
Choctaw1304
Franklin1162
Issaquena251
Unassigned00

Alabama Coronavirus Cases

Confirmed Cases: 94827

Reported Deaths: 1674
CountyConfirmedDeaths
Jefferson12486232
Mobile9420204
Montgomery6449148
Madison516130
Tuscaloosa405769
Baldwin338023
Unassigned319060
Shelby316432
Marshall306034
Lee258844
Morgan229517
Etowah204128
DeKalb174513
Calhoun167213
Elmore167238
Walker149864
Houston134812
Dallas130523
St. Clair128915
Russell12772
Limestone126113
Franklin123820
Cullman118912
Colbert114113
Lauderdale112315
Autauga105021
Escambia104416
Talladega96713
Jackson9244
Tallapoosa84179
Chambers83538
Dale80223
Blount7593
Butler75635
Chilton7456
Coffee7365
Covington71620
Pike6877
Lowndes56724
Barbour5655
Marion56224
Marengo53614
Clarke4949
Hale46426
Bullock45011
Winston44011
Perry4364
Wilcox41410
Bibb4134
Monroe4084
Randolph39410
Conecuh37810
Pickens3779
Sumter36018
Lawrence3321
Macon32013
Washington32012
Crenshaw3123
Choctaw27712
Cherokee2587
Greene24911
Henry2493
Geneva2480
Clay2375
Lamar2122
Fayette1835
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