Government Must Resume DACA and Accept New Applications, Federal Judge Rules
Apr 25, 2018, 09:23
After the White House announced its plan to end DACA in September, federal judges in NY and San Francisco also ordered the Trump administration to resume accepting new applications for protection under DACA.
Tuesday's court decision came from U.S. District Judge John D. Bates who said the decision the Obama-era Deferred Action for Childhood Arrivals program was based on the idea that it was "unlawful" but that this argument was "virtually unexplained".
Bates wrote that the administration failed to adequately explain why it believes the program was unlawful, and that its "meager legal reasoning" and the Department of Homeland Security's assessment of litigation risk was not a sufficient reason to sustain the program's termination.
Bates is the third federal judge to bar the Trump administration from rescinding the program, following suit of federal judges in San Francisco and NY. Thousands could be eligible to apply. "The government still has an opportunity to try to save their rescission of the program". "The better opinion would have been to immediately restore all of the original DACA, as the current decision prolongs the uncertainty that has terrorized undocumented youth once again", she said.
Some 700,000 undocumented immigrants, majority brought to the United States as children, had signed up for DACA introduced by the then Barack Obama government in 2012. "The Justice Department will continue to vigorously defend this position".
"We are delighted that the court agreed with us that the government's termination of the DACA program 'was unlawful and must be set aside, '" Princeton President Christopher L. Eisgruber said Tuesday evening.
In September, the administration defended ending the program by saying it was likely to fall in the courts anyway, arguing a six-month wind-down of the program would be more orderly than a sudden end brought by the courts.
Microsoft President Brad Smith called for a legislative solution to protect Dreamers. Trump had hoped to use the young immigrants as a bargaining chip in the last round of budget negotiations, offering legal residency for them in exchange for money for a border wall and strict new immigration limits.
His administration this year has renewed more than 55,000 work permits for immigrants enrolled in the program, as the courts required. They must meet educational and residency requirements and can not have serious criminal records.
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