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Federal Judge Orders DACA Reinstated; Calls Decision to End it “Unlawful”
In our August 15, 2017 post linked HERE, we provided a primer that explained what DACA is and why it exists after President Obama's 2010 DREAM legislation was filibustered by Republicans in Senate to prevent a vote.
On Tuesday, September 5, 2017, Attorney General Jeff Sessions shut down DACA. He provided lies about these people to justify the move, offered no details of how the program could be wound down, and took no questions (because he has no answers).
On Tuesday, January 9, 2018 a judge saved DACA temporarily.
Now, on April 24, 2018, a judge took things a step further, ruling that DACA must be restored in its entirety.
A D.C. federal judge has delivered the toughest blow yet to Trump administration efforts to end deportation protections for young undocumented immigrants, ordering the government to continue the Obama-era program and — for the first time since announcing it would end — reopen it to new applicants.
U.S. District Judge John D. Bates on Tuesday called the government’s decision to end the Deferred Action for Childhood Arrivals program “virtually unexplained” and therefore “unlawful.”
The Trump administration says it decided to end DACA because Texas and other states had threatened to sue over it, and the government believed the program would not survive a court challenge. Bates ruled that the government’s “meager legal reasoning” — and the threat of a lawsuit — did not justify terminating the program.
This is the third court ruling against DACA. What makes this ruling different from the prior two?
Bates is the third judge to rule against Trump administration attempts to rescind DACA.... Federal judges in California and New York have also blocked the administration’s plans on those grounds, and ordered the administration to renew work permits for immigrants enrolled in the program.
....the ruling by Bates, an appointee of George W. Bush, is far more expansive: If the government does not come up with a better explanation within 90 days, he will rescind the government memo that terminated the program and require Homeland Security to enroll new applicants, as well. Thousands could be eligible to apply.
As alluded to above, the judge stayed his order for 90 days to give this evil administration a chance to respond meaning the ruling is not yet in effect.
However, he stayed his ruling for 90 days to give the Department of Homeland Security a chance to provide more solid reasoning for ending the program.
Sources:
https://www.politico.com/story/2018/04/24/third-judge-rules-against-trump-daca-550092