Appeals court rules Trump end of DACA was unlawful

[corbe]

Appeals court rules Trump end of DACA was unlawful

By Jacqueline Thomsen  - 05/17/19 10:07 AM EDT 

A split federal appeals court on Friday ruled that President Trump’s decision to rescind the Deferred Action for Childhood Arrivals (DACA) program was unlawful because “it was not adequately explained."

The 4th Circuit Court of Appeals in Virginia found that the administration's termination of the program was "arbitrary and capricious," in line with a prior ruling from the 9th Circuit Court of Appeals.

The bulk of the ruling rests on how the administration laid out its decision to rescind the DACA program.

Attorneys for the Trump administration argued that the decision to rescind DACA was an agency decision, and therefore did not have to made available for public comment and other procedures required under the Administrative Procedure Act (APA).

While the court agreed that the decision didn’t have to undergo a public comment period, they said administration officials still violated the federal law by not fully explaining its decision to rescind DACA.

The judges wrote in the majority opinion that then-Acting Homeland Security Secretary Elaine Duke “rescinded a general enforcement policy in existence for over five years and affecting hundreds of thousands of enrollees based on the view that the policy was unlawful.”

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https://thehill.com/latino/444239-appeals-court-rules-trump-end-of-daca-was-unlawful

[Jazzhead]

Why isn't "This was a policy of a prior administration that the current administration chooses not to follow" an adequate explanation?   

The DACA program has no legislative underpinnings whatsoever,  it's just a program initiated a few years ago by the then-President.  Well now there's a new one.    Trump should have as much right and ability to change such a program as he has to change the White House drapes.   

[skeeter]

Appeal to SCOTUS immediately. This stupid program was obviously unconstitutional from the getgo.

[Bigun]

Rule of law my AZZ!!!

[IsailedawayfromFR]

Why isn't "This was a policy of a prior administration that the current administration chooses not to follow" an adequate explanation?   

The DACA program has no legislative underpinnings whatsoever,  it's just a program initiated a few years ago by the then-President.  Well now there's a new one.    Trump should have as much right and ability to change such a program as he has to change the White House drapes.

Agreed.

At a minimum, that court needs to explain how can the court have jurisdiction over this matter anyway.

It is not sovereign in this as it assumes it is.