District Court Rejects Legal Challenge to Trump's Authority to Terminate DACA

A Maryland federal district court judge has rejected a legal challenge by CASA de Maryland, an immigration advocacy group, to Trump’s executive order terminating the Deferred Action for Childhood Arrivals (DACA), stating that his role was merely to interpret the law, not create it. However, the court also strongly criticized the failure of the Trump administration and Congress to cooperate in a bipartisan manner in order to resolve the issue, as well as Trump’s “unfortunate and often inflammatory rhetoric.” The court’s ruling, which Trump has hailed as a victory for its legal authority to terminate the program, is somewhat moot, given the fact that two other federal district courts already have issued orders preventing the administration from ending DACA. Although the Maryland judge did not agree with the other federal courts’ rulings, he acknowledged that he was unable to disturb or overturn their rulings. The Trump administration also seized the opportunity to lament the ability of federal district courts to issue “overbroad” nationwide injunctions with which other courts may disagree. Just recently, the U.S. Supreme Court declined to hear an expedited appeal that would bypass the appellate courts. This means that until an appellate court rules several months in the future, the U.S. government is required to continue renewing DACA permits. Even in light of the court’s criticism of the inability of the administration and Congress to adequately address the issue, Trump has continued to blame the Democrats in Congress for the ongoing impasse and the “incorrect” decisions of the other federal district courts who have considered the issue thus far. Individuals who are detained and/or facing deportation need an experienced California immigration attorney who can assist them with this often complex process. We are here to stand up for the rights of detained immigrants, including the parental rights of detainees. At Landerholm Immigration, A.P.C., we know how to represent the rights of those who are legally entitled to remain in the U.S. Call us today at (510) 756-4468 and schedule an appointment with one of our deportation defense lawyers, and learn how we can assist you.