Federal Judge Orders Trump Administration to Reinstate DACA Program

Federal Judge Orders Trump Administration to Reinstate DACA Program

According to the publication Politico, the order is the latest legal blow to President Donald trump phased to abandon programs initiated by his predecessor Barack Obama and protects from deportation undocumented immigrants who have children came to the United States.

"The Court simply holds that if DHS wishes to rescind the program... it must give a rational explanation for its decision", the judge wrote in his conclusion, saying that the government's "hodgepodge of illogical or post hoc policy assertions. simply will not do".

In June, the ruling said Homeland Security Secretary Kirstjen Nielsen issued a memorandum, but instead of issuing a new decision that better explained the DACA decision, Bates said Nielsen decided not to explain why the original reason to rescind the DACA policy remained sound.

Indeed, that corner-cutting has become a major hindrance for Mr. Trump, who has seen judges use the same grounds to question much of his immigration policy, environmental regulation rollbacks and Obamacare decisions. The Department of Justice now has 20 days to choose whether to appeal Bates' ruling. A federal judge today upheld his previous order to revive DACA. But after the White House annnounced its plans to phase out DACA, courts ordered the administration to continue accepting new DACA applicants.

Bates called President Trump's decision in September to end the program "arbitrary and capricious" and the Department of Homeland Security's "legal judgment" was "inadequately explained".

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That's the ruling Friday from District Judge John Bates in Washington, D.C.

Bates, a George W. Bush appointee, found that explanation unsatisfactory, and said the DHS could not invent a new justification for his court, either. The 90 days have just expired, which is why the case landed on Judge Bates' lap again.

"Although the Nielsen Memo purports to offer further explanation for DHS's decision to rescind DACA, it fails to elaborate meaningfully on the agency's primary rationale for its decision", he wrote. Shutting down the government for illegal aliens is not a winning message. Several government appeals are still pending in USA courts.

The case was brought by the NAACP, Princeton University, and Microsoft.

Congress failed to come to any agreement on a law to replace DACA, leaving the recipients, illegal immigrants brought to the United States as children, in a state of uncertainty for almost the past year.

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