DACA Restored by Federal Judge

A federal judge recently ruled that President Trump’s administration must restore the Deferred Action for Childhood Arrivals program in full. The rational used by the administration to terminate DACA was deemed inadequate by the judge.

U.S. District Judge John Bates issued an order that would bar the administration’s attempts to end the program. This marks the third such mandate to be handed down by a district court.

DACA protects young immigrants who were brought to the U.S. as children from deportation. Back in September 2017, President Trump announced plans to terminate the Obama-era program. Since Trump’s announcement, the Department of Homeland Security has stopped accepting new applications and processing application renewals.

The court’s 25-page opinion states that Bates denied a motion by the Department of Homeland Security to vacate a previous decision because it was determined that the administration's explanations for halting the Obama-era program were "arbitrary and capricious."

The April ruling to restart DACA within 90 days was stayed by Bates, which gave Homeland Security attorneys a chance to “better explain its view that DACA is unlawful.”  However, in the latest ruling from Bates, it was concluded that the governments legal assessment was still "inadequately explained."

Judge Bate’s conclusion says, “The Court has already once given DHS the opportunity to remedy these deficiencies—either by providing a coherent explanation of its legal opinion or by reissuing its decision for bona fide policy reasons that would preclude judicial review—so it will not do so again."

District court judges in both California and New York have also ruled against the President’s administration, finding that the methods used to end DACA were unlawful and in violation of the Administrative Procedures Act. Both judgements are being appealed by DHS.

Judge bates granted a request from Homeland Security to consider an appeal. The government will have 20 days to submit a petition for appeal. If the government’s appeal is denied, DACA will have to be fully implemented by August 23.

In his closing remarks, bates wrote that the new ruling doesn’t imply that the government can’t rescind DACA, but that the legal justification provided so far lacks enough merit.

Bates wrote, “A conclusory assertion that a prior policy is illegal, accompanied by a hodgepodge of illogical or post hoc policy assertions, simply will not do.”

Contact Our Immigration Attorneys

If you need help with your DACA application or any other immigration dispute, you should immediately speak with our legal team in Cleveland. At Sintsirmas & Mueller Co. L.P.A., we are committed to helping clients resolve their legal issues and move on to the next chapter of their life. With more than 50 years of combined legal experience, we have the skills and experience that you need to secure a positive case result. Let us fight for your rights today.

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