DACA Ruling Won't Change Anything Yet

Trump administration must accept new DACA applicants federal judge rules

Trump administration must accept new DACA applicants federal judge rules

A United States federal judge ruled that the administration of President Donald Trump must continue the Deferred Action for Childhood Arrivals (DACA) programme that protects young undocumented immigrants from deportation.

A federal judge has rejected the Trump administration's decision to end the Obama-era program created to protect undocumented immigrants who entered the U.S.as children, calling the rescission "arbitrary", "capricious", and based on "meager legal reasoning".

A federal judge has ruled against the Trump administration's decision to end a programme protecting some young immigrants from deportation.

Judges from a California and NY federal court also said the rescinding of the DACA program was unconstitutional.

As such, Judge Bates rescinded the Trump administration's decision, but gave the government 90 days to deliver a stronger case on why it believes the DACA program is unlawful.

DHS said it is "reviewing the court order", with the Justice Department vowing to defend the administration's position that DACA was implemented by the previous administration in an unlawful manner.

If Bates is not satisfied with the Trump administration's response within those 90 days, he will rescind the government's application to terminate DACA, thus opening the door for thousands more illegal immigrants to apply for protections, in addition to renewals for the almost 700,000 already here.

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- A federal judge ruled on Tuesday evening that the Deferred Action for Childhood Arrivals (DACA) program must be re-opened to new applicants, and the following day the USCCB announced support for the "Uniting and Securing America (USA) Act of 2018", which would codify DACA into law.

The move follows similar decisions from judges in NY and San Francisco.

But Bates said the Trump administration had failed to rebut findings in 2014 by the same agency under Obama, explained in detail after an extensive study, that the program was within the president's authority to decide to deport certain groups of undocumented immigrants, those posing the greatest dangers, and allow others to remain.

Although the judge's ruling brings relief to many "Dreamers", Miami-Dade Schools Superintendent Alberto Carvalho said families are still concerned because a permanent solution has not yet been found.

One prominent law professor, Josh Blackman, has repeatedly urged the Justice Department to make both of those arguments to the courts, but the government's lawyers have yet to do so. He is the third federal judge to rule against this action.

Judge Bates was appointed by President George W. Bush to the U.S. District Court for the District of Columbia. Judge Bates's decision represents the first time that any court has vacated DHS's "Rescission Memorandum", thus potentially allowing new enrollees to participate in the program for the first time since DACA was terminated. The Justice Department responded in a statement Tuesday night, saying the ruling "doesn't change" its position, CBS News reported.

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