Third Federal Judge Agrees: Trump Must Keep DACA

Apr 26, 2018, 00:41
Third Federal Judge Agrees: Trump Must Keep DACA

U.S. District Court Judge John Bates said Tuesday the Department of Homeland Security's (DHS) legal rationale for ending the Deferred Action for Childhood Arrivals (DACA) program was too shaky.

"Bates is the third judge to rule against Trump administration attempts to rescind DACA, which provides two-year, renewable work permits and deportation protections for about 690,000 "#dreamers", undocumented immigrants brought to this country as children. Bates was the first Republican-nominated judge to smack the Trump administration.

It requires that immigration officials "accept and process new as well as renewal DACA applications" if the administration "cannot better explain its view that DACA is unlawful" within a 90-day stay period.

Previous legal challenges from California and NY have forced the federal government to continue to accept renewals, but Tuesday's decision - if it goes through - would go one step further to require that new applications must also be accepted.

"The Department of Homeland Security, therefore, acted within its lawful authority in deciding to wind down DACA in an orderly manner". The Justice Department responded in a statement Tuesday night, saying the ruling "doesn't change" its position, CBS News reported. The Justice Department had asked the high court to take the unusual step of bypassing an appeals court and granting fast-track review of a federal trial judge's decision. "As such, it was an unlawful circumvention of Congress", said Devin O'Malley, a department spokesman. They must have no significant criminal record and be enrolled in high school or have a diploma or the equivalent. They received a two-year reprieve from deportation that can be renewed.

The Obama administration established the Daca programme on the premise that children brought to the U.S. as children should be treated as low priorities for deportation. A federal appeals court also questioned the validity of the program when President Obama tried to expand DACA in 2014. The administration could also ask higher courts for a stay while it appeals Bates' ruling, as it has done in the San Francisco and NY cases. He also served as the director of the Administrative Office of the U.S. Courts until January 4, 2015. Judge Bate's ruling to restart even brand new applications, if it stands, could be the final blow to members of Congress who say they want a solution. He continued with his strong stand on the issue and his administration started deporting undocumented immigrants from the US.

Homeland Security had been accepting application renewals, as a result of the previous legal rulings.

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