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Appeals court says administration can't end DACA, Trump says it sets up Supreme Court fight

A federal appeals court on Thursday...

Posted: Nov 9, 2018 3:52 PM
Updated: Nov 9, 2018 3:52 PM

A federal appeals court on Thursday upheld a ruling blocking the Trump administration from ending the Obama-era program that protects young undocumented immigrants who came to the United States as children from being deported -- likely setting up a Supreme Court fight.

The ruling from a panel of the 9th US Circuit Court of Appeals means a nationwide injunction allowing the Deferred Action for Childhood Arrivals program to continue will remain in effect.

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President Donald Trump called the ruling "good news" because he never expected the liberal 9th Circuit to agree with the administration and it tees up a potential Supreme Court argument.

"The good news is, by rejecting DACA in the 9th Circuit -- finally, we've been waiting for that -- we get it to the Supreme Court," Trump said at the White House on Friday. "We want to be in the Supreme Court on DACA."

The 9th Circuit ruled that challengers to the decision to end DACA are likely to succeed in their argument that the planned phase-out is illegal.

"We conclude that plaintiffs are likely to succeed on their claim that the rescission of DACA -- at least as justified on this record -- is arbitrary, capricious, or otherwise not in accordance with law," reads the opinion from Judge Kim McLane Wardlaw, an appointee of President Bill Clinton.

In September 2017, the Trump administration announced plans to phase out DACA, but lower court judges blocked the administration from doing so and ordered that renewals of protections for recipients continue until the appeals are resolved.

The legality of the program is not at issue in this particular case. Instead, lower courts are examining how the administration made its decision to end DACA.

Thursday's case was brought by the University of California, as well as California and a few other states.

California Attorney General Xavier Becerra called the ruling a "tremendous victory" for "our young immigrant Dreamers."

"This fight, of course, is far from over," he said in a statement. "We will continue to defend Dreamers and DACA all the way to the Supreme Court if necessary."

Trump administration asks Supreme Court to review

The Justice Department had already asked the Supreme Court to review the district court's injunction, arguing the Obama administration had allowed some "700,000 aliens to remain in the United States even though existing laws provided them no ability to do so."

The Trump administration's Department of Homeland Security ended the policy "based on serious doubts about its legality and the practical implications of maintaining it," the Justice Department wrote in a court filing Monday.

"Today's ruling is yet another blow to the Trump administration's efforts to dismantle DACA, but it may also only be a temporary one," said Steve Vladeck, a CNN legal analyst who's a professor at the University of Texas School of Law.

Now that the 9th Circuit has ruled, "it seems much more likely that the justices will agree to the government's already-pending request that they settle the matter, perhaps as soon by the end of the current term in June," Vladeck added.

Trump on Wednesday blamed the injunction for the White House and Congress not reaching a deal on DACA.

"Had the judge not ruled that way, I think we would have made a deal," Trump said at a news conference. "Once the judge ruled that way, the Democrats didn't want to talk anymore. So we'll see how it works out at the Supreme Court."

Options that have been discussed are extending DACA or providing a path to citizenship in exchange for funding for a wall along the US-Mexico border.

Mississippi Coronavirus Cases

Data is updated nightly.

Cases: 314509

Reported Deaths: 7247
CountyCasesDeaths
DeSoto21626259
Hinds20359415
Harrison17934309
Rankin13634278
Jackson13447246
Madison10099217
Lee9980174
Jones8381163
Forrest7683152
Lauderdale7191241
Lowndes6401147
Lamar623086
Lafayette6200118
Washington5339134
Bolivar4802132
Oktibbeha462798
Panola4588107
Pearl River4512146
Marshall4443103
Warren4393121
Pontotoc420772
Monroe4113133
Union411076
Neshoba4031176
Lincoln3968110
Hancock379386
Leflore3497125
Sunflower336090
Tate334084
Pike3325105
Scott315973
Alcorn313368
Yazoo311669
Itawamba300477
Copiah297065
Coahoma295479
Simpson295288
Tippah288768
Adams286882
Prentiss279760
Marion269280
Leake268373
Wayne262641
Grenada261487
Covington259681
George248048
Newton246861
Winston227281
Tishomingo226967
Jasper221148
Attala214473
Chickasaw207857
Holmes189173
Clay185454
Stone182833
Tallahatchie178841
Clarke178080
Calhoun170832
Yalobusha164338
Smith162434
Walthall133945
Greene130633
Lawrence128624
Montgomery126942
Noxubee126734
Perry126338
Amite123142
Carroll121829
Webster114532
Jefferson Davis107133
Tunica105726
Claiborne102430
Benton99525
Humphreys96733
Kemper95828
Franklin83823
Quitman80916
Choctaw76418
Wilkinson67331
Jefferson65728
Sharkey50217
Issaquena1686
Unassigned00

Alabama Coronavirus Cases

Cases: 532895

Reported Deaths: 11001
CountyCasesDeaths
Jefferson771431528
Mobile41089808
Madison34837505
Tuscaloosa25810454
Montgomery24355588
Shelby23730249
Baldwin21191309
Lee15892171
Calhoun14522316
Morgan14324279
Etowah13861353
Marshall12250223
Houston10581281
Elmore10060205
Limestone9986151
Cullman9705194
St. Clair9702243
Lauderdale9441242
DeKalb8846187
Talladega8255176
Walker7246277
Autauga6938108
Jackson6815112
Blount6694137
Colbert6310134
Coffee5524119
Dale4850111
Russell443238
Chilton4308112
Franklin426282
Covington4136118
Tallapoosa4039152
Escambia393977
Chambers3578123
Dallas3557152
Clarke351161
Marion3130101
Pike311377
Lawrence300798
Winston275673
Bibb261564
Geneva251477
Marengo249664
Pickens234761
Barbour231756
Hale223277
Butler216469
Fayette212562
Henry189044
Cherokee184745
Randolph181742
Monroe178040
Washington167639
Macon159950
Clay156857
Crenshaw152757
Cleburne149141
Lamar142935
Lowndes139053
Wilcox127130
Bullock122841
Conecuh110629
Coosa107928
Perry107826
Sumter104832
Greene92534
Choctaw61124
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