US Judge upholds ruling to fully restore DACA

Homeland Security Secretary Kirstjen Nielsen speaks during a White House press briefing on Aug. 2 2018

Homeland Security Secretary Kirstjen Nielsen speaks during a White House press briefing on Aug. 2 2018

A federal judge has ordered the Trump administration to restart the Deferred Action for Childhood Arrivals (DACA) program, phased out by the president earlier this year.

Bates ruled in late April that the administration must restore the DACA program and accept new applications.

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

The judge's decision on Friday comes amid high political tension over the Trump administration's hardline immigration policies. The government is already appealing the other judges' orders, and it's likely they do so in this case as well - potentially speeding the case toward an eventual date with the Supreme Court.

Washington D.C. District Judge John Bates on Friday said the Trump administration still has failed to justify its proposal to end DACA, the Obama-era programme that has protected almost 800,000 young undocumented immigrants brought to the United States as children from deportation, reports CNN.

It protects about 800,000 undocumented immigrants from deportation.

On the DACA version of the joke, see Josh Blackman's January 2018 NR column criticizing yet another ruling to the same effect in "A ludicrous ruling that Trump can't end DACA".

Two other federal courts in California and NY had previously ordered that DACA remain in place while litigation challenging Mr Trump's decision to end it continued.

He stayed that ruling for 90 days to give the government time to better explain why the programme should be ended. Those rulings only required the government to process DACA renewals, not new applications.

Bates, who was appointed by President George W. Bush, did not agree.

He said the government needs to prove that it has considered the benefits to society of having illegal immigrants here and working, versus the government's interest in enforcing the laws as written.

Bates' ruling was applauded by The National Association for the Advancement of Colored People (NAACP), a plaintiff in the case, which called it a "huge victory". The government has 20 days to submit its petition.

The District of Columbia lawsuit was brought by the NAACP, Microsoft and Princeton University. Many of them have children and spouses who are US citizens, meaning that thousands of families would be separated.

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