/Another appeals court rules against Trump on DACA, decreases chance of case going to Supreme Court

Another appeals court rules against Trump on DACA, decreases chance of case going to Supreme Court

Demonstrators participate in the March For TPS(temporary protected status) Justice as they rally in support of DACA (Deferred Action for Childhood Arrivals)recipients and temporary protected status holders during a protest for permanent residency outside the White House in Washington, DC, February 12, 2019. (Photo by SAUL LOEB / AFP)        (Photo credit should read SAUL LOEB/AFP/Getty Images)

Overturning a decision made by a lower court, the 4th Circuit Court of Appeals in Virginia has found that Donald Trump’s abrupt ending of the Deferred Action for Childhood Arrivals policy was “arbitrary and capricious.” This places the 4th circuit in agreement with the 9th Circuit in California. As Bloomberg Law reports, the 2-1 split decision in 4th District came in large part on the basis that Trump’s actions in ending DACA were not “adequately explained.” 

Donald Trump has recently railed against the idea that federal district courts can make rulings that affect the whole nation, but now courts on both coasts have ruled against his ending of the DACA program. Trump has already appealed the decision of the 9th District to the Supreme Court, but with two appeals courts in agreement on their rulings, it decreases the chance that the issue will be taken up by the court. 

An additional case is still pending before the 2nd Circuit on a direct appeal from Homeland Security. The Supreme Court might also choose to wait for a decision from that court before taking action.

In the meantime, DACA remains the law.