Federal appeals court rules against Trump on ending DACA
Attorney Blogs
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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Is Now the Time to Really Call a Special Education Lawyer?
IDEA, FAPE, CHILD FIND and IEPs: The Individuals with Disabilities Education Act (IDEA) guarantees all children with disabilities to a free appropriate public education (FAPE). FAPE starts with a school’s responsibility to identify that a child has a disability (Child Find) and create an Individualized Education Program (IEP) to suit the needs of the child.
Forte Law Group is one of only a very few law firms within the state of Connecticut that is dedicated to exclusively representing families and children with special needs.
Parents need to be persistent, dedicated and above all else aware of the many services and accommodations that their child is entitled to under the law. As early as this point within your child’s special education, many parents will often find themselves in the situation asking, “is now the time to really call a special education lawyer?” Here are a few things to consider when asking yourself that question.