Trump's Termination of DACA Program Unlawful, 4th Cir. Rules (1)

Source: Bloomberg Law

Trump's Termination of DACA Program Unlawful, 4th Cir. Rules (1)
May. 17, 2019 9:41AM Updated: May. 17, 2019 9:59AM

Second appeals court to rule against Trump administration on DACA
DHS is allowed to change its policy on information sharing

The Trump administration's decision to end the Deferred Action for Childhood Arrivals program was illegal because it wasn't adequately explained, a split federal appeals court in Richmond, Va., ruled.

The May 17 decision from the U.S. Court of Appeals for the Fourth Circuit overturns a lower court's determination that the administration hadn't done anything wrong either in ending DACA or in the way it went about doing it. The Department of Homeland Security didn't adequately explain its rationale for ending the Obama-era program, the appeals court said in a 2-1 decision.

The Fourth Circuit joins the Ninth Circuit in San Francisco in finding that the decision to end DACA was unlawful. The current lack of a split among the federal appeals courts decreases the chance that the U.S. Supreme Court will take up the issue. In November, the administration appealed the Ninth Circuit decision to the Supreme Court, as well as two cases pending before the Second and District of Columbia circuits.

The justices haven't said one way or another what they will do with the cases.
....

The case is Casa de Maryland v. Dep't of Homeland Sec. , 4th Cir., No. 18-01521, 5/17/19 .

(Updated with additional reporting.)

To contact the reporter on this story: Laura D. Francis in Washington at lfrancis@bloomberglaw.com

To contact the editors responsible for this story: Jay-Anne B. Casuga at jcasuga@bloomberglaw.com; Terence Hyland at thyland@bloomberglaw.com



Read more: https://www.bloomberglaw.com/document/XCBC2D2O000000