Federal appeals court rules against Trump on ending DACA

Law Journals

A federal appeals court ruled Friday the Trump administration acted in an “arbitrary and capricious” manner when it sought to end an Obama-era program that shields young immigrants from deportation.

A three-judge panel of the 4th U.S. Circuit Court of Appeals ruled 2 to 1 that the Trump administration violated federal law when it tried to end the Deferred Action for Childhood Arrivals program without adequately explaining why. The ruling overturns a lower court ruling a judge in Maryland made last year, which Trump had previously praised via Twitter.

Friday’s ruling will not have any immediate effect as other federal courts have already ordered that DACA be kept in place.

The 4th Circuit ruling said the Department of Homeland Security did not “adequately account” for how ending DACA program would affect the hundreds of thousands of young people who “structured their lives” around the program.

“We recognize the struggle is not over and there are more battles to fight in the Supreme Court on this road to justice, but our families are emboldened by knowing that they are on the right side of history,” said Gustavo Torres, executive director of Casa de Maryland, the lead plaintiff in the case.

Trump and his Justice Department have argued that the Obama administration acted unlawfully when it implemented DACA. The Justice Department declined to comment.

Preserving DACA is a top Democratic priority, but discussions between Trump and Democrats on the issue have gone nowhere.

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USCIS Continuing Form I-751 Data Entry

USCIS has completed receipting and data entry for all filings of Form I-751, Petition to Remove Conditions on Residence, received between May 1 and Sept. 9, 2018. Petitioners should receive receipt notices by Oct. 22, 2018.

On June 13, 2018, USCIS announced that the California Service Center (CSC) was experiencing a delay in initial data entry for Form I-751. After changing the filing location for Form I-751 from the USCIS Service Centers to the USCIS Lockbox facilities in September, USCIS completed receipting and data entry of these petitions on Oct. 1.

If you submitted a Form I-751 to the CSC between May 1 and Sept. 9, 2018, and you have not received a receipt notice, do not file a duplicate Form I-751 unless you have received a rejection notice or have been instructed to do so by the CSC.

If your two-year green card has expired and you have not received a receipt notice, you may schedule an appointment online for you and any eligible dependents to be seen at your local field office. If possible, bring evidence that you sent your Form I-751 via the U.S. Postal Service or a delivery service, such as FedEx. If you have any questions about the process, visit the USCIS Contact Center page.