Washington D.C., USA: U.S. District Judge John Bates in D.C., Tuesday, became the third federal judge to reject Trump’s excuse for rescinding the Deferred Action for Childhood Arrivals (DACA) program, ordering him to continue the program and accept new applications. The federal judge found the Trump administration’s rescission of DACA to be “arbitrary and capricious”.
The judge wrote that the government’s “failure to give an adequate explanation of its legal judgment was particularly egregious” in light of the hundreds of thousands of DACA beneficiaries who had structured their lives around the understanding that they could renew their benefits.
Bates sent the matter back to the Department of Homeland Security, putting his order on hold for 90 days “to allow the agency an opportunity to better explain its rescission decision.” A status report is due July 27.
If it fails to produce a more convincing argument in the three-month timeframe, DHS “must accept and process new as well as renewal DACA applications,” the judge said.
“Each day that the agency delays is a day that aliens who might otherwise be eligible for initial grants of DACA benefits are exposed to removal because of an unlawful agency action,” Bates wrote in his decision.
Bates order that the administration must accept new applications is a first in the ongoing legal battles over Trump’s decision.
Two other judges have issued similar rulings, but have only ruled that the program should be allowed to continue while litigation plays out.
Judges in New York and California have issued nationwide injunctions that partially revived the program, requiring the administration to process renewal applications after finding the rescission was likely unlawful. Neither order went so far as to order the government to start processing new applications, however.
Below Is A Copy Of The Judgement On DACA By Judge John Bates, United States District Court For The District Of Columbia
The NAACP, Princeton University, and Microsoft Corporaton were among the groups that brought the cases in DC before Judge Bates.
Trump rescinded the Obama-era DACA – which gives protections to immigrants brought to the U.S. as children – in September, giving Congress six months to pass legislation in its place.