DACA supporters rallied outside of a Southern California federal courthouse while inside arguments were heard which will impact their future. A Trump administration attorney argued the White House had the authority to end DACA, a program which has protected 700,000 undocumented immigrants from deportation.
Joel Carson III, a part-time magistrate judge in New Mexico, was confirmed to the 3rd U.S. Circuit Court of Appeals by a 77 - 21 vote, and John Nalbandian, a Kentucky lawyer, was confirmed to the 6th Circuit Court of Appeals by a 53 - 45 vote. It will be the first federal appeals court to do so.
Judges focused on the administration's rationale for ending the program and whether they had authority to intervene rather than exploring the merits of allowing hundreds of thousands of young immigrants to remain in the US under DACA.
Deputy Assistant Attorney General Hashim Mooppan told the court that policy decisions belonged in the hands of the political branches and should not be "judicially second-guessed".
The judges on Tuesday seemed concerned about how the Trump administration chose to unwind the DACA program, whether the move had violated the equal protection rights of the recipients and if the court should take presidential tweets and statements in consideration as they considered the case.
After the ruling, a furious President Donald Trump tweeted: "It just shows everyone how broken and unfair our Court System is when the opposing side in a case (such as DACA) always runs to the 9th Circuit and nearly always wins before being reversed by higher courts".
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The Trump administration has said it moved to end the program past year because Texas and other states threatened to sue, raising the prospect of a chaotic end to DACA. "They've got to explain" what they are doing, he said.
"They haven't done that here".
The appeals court ordered a district court judge to dismiss the lawsuit filed by five voters who supported Democrat Bo Eaton, a farmer from Taylorsville who sought a sixth term in 2015 in a rural House district south of Jackson.
Federal judges in NY and Washington, D.C., also have ruled against Trump on DACA.
He said two of the picks being reviewed in committee demurred when asked if the Supreme Court correctly decided Brown v Board of Education, the case that ended segregation in schools.