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Trump statements get scrutiny in DACA appeal

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"Right, but the acting secretary ultimately reports to the president of the United States, and he has said all kinds of things that could be relevant in this litigation," countered Owens, an appointee of President Barack Obama. Alsup said Attorney General Jeff Sessions’ conclusion was "based on a flawed legal premise" and could not support the decision to end DACA.

Despite raising the issue about Trump’s statements and racial bias, Owens was the most skeptical judge on the panel about the merits of Alsup’s ruling that the decision to end DACA was arbitrary and capricious.

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