Leah Goldberg

Wednesday, April 25, 2018

Federal judge rules United States must keep DACA and accept new applications

PHOENIX — In another blow to the Trump Administration’s position on the Deferred Action for Childhood Arrivals program, a Federal judge ruled late Tuesday the Department of Homeland Security must continue to accept new and renewal applications for the program. In addition, the department has 90 days to explain why they rescinded DACA last year, otherwise, all DACA applications must continue to be processed.

In his opinion , Judge John D. Bates of Federal District Court for the District of Columbia said, “DACA’s rescission was arbitrary and capricious because the Department failed adequately to explain its conclusion that the program was unlawful.” Bates continued, “Neither the meager legal reasoning nor the assessment of litigation risk provided by DHS to support its rescission decision is sufficient to sustain termination of the DACA program”

The Deferred Action for Childhood Arrivals program was implemented in 2012 by former President Barack Obama, granting temporary status to work and live in the U.S. to people who were brought here illegally as children.

In September 2017, Attorney General Jeff Sessions announced they were rescinding the DACA program and no longer accepting new applications.

“The effect of this unilateral executive amnesty, among other things, contributed to a surge of unaccompanied minors on the southern border that yielded terrible humanitarian consequences,” Sessions said. “It also denied jobs to hundreds of thousands of Americans by allowing those same jobs to go to illegal aliens.”

This latest ruling comes after two federal judges had also made steps towards blocking the Trump administration from ending DACA. The first order was in January 2018 by U.S. District Court Judge William Alsup and then a month later , U.S. District Court Judge Nicholas G. Garaufis reciprocated the decision.
In a statement released Tuesday night, the Justice Department said that it would “continue to vigorously defend” the legality of its decision to end the DACA program and that it looked “forward to vindicating its position in further litigation.”

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