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The third time Trump failed when Federal Judge in Washington D.C. ordered to restart DACA program and allow new and renew Dreamers to apply

Tuesday, April 24, 2018



Judge John D. Bates 
VietPress USA (April 24, 2018): Deferred Action for Childhood Arrivals (DACA) is a program that was formed through executive action by former President Barack Obama in 2012. DACA allows certain people who came to the U.S. illegally as minors to be protected from immediate deportation. Recipients, called Dreamers, were able to request “consideration of deferred action” for a period of two years, which was subject to renewal.

There are at least 800,000 Dreamers under DACA umbrella, but the Trump administration announced last year its plan to phase out the Deferred Action for Childhood Arrivals program (DACA).  A deal to protect hundreds of thousands of young immigrants who were brought to the country illegally as children is “dead,” President Trump has said. A deal to protect hundreds of thousands of young immigrants who were brought to the country illegally as children is “dead,” President Trump has said.

The Trump administration had initially set a March 5 deadline for the program and called on Congress to pass legislation pertaining to the young immigrants. But on Easter Sunday, Trump blasted Mexico and Democrats and declared a deal for DACA was off the table.

The Trump administration announced in September 2017 that it planned to phase out DACA for current recipients, and no new requests would be granted. But a lower court order required the administration to continue accepting renewal applications for those under the DACA program, and the Supreme Court rejected the Trump administration's request to intervene.

Obama spoke out on social media after the Trump administration announced a plan to dismantle the program, stating that it's "self-defeating ... and it is cruel" to end DACA and questioned the motive behind the decision.

Today on Tuesday, April 24, 2018, the third time the Federal judge has delivered the toughest blow yet to Trump administration efforts to end deportation protections for undocumented immigrants known as “dreamers,” ordering the government to continue the Obama-era program and — for the first time — to accept new applicants.

U.S. District Judge John D. Bates in Washington D.C. called the government’s decision to end the Deferred Action for Childhood Arrivals program “virtually unexplained” and therefore “unlawful.” However, he stayed his ruling for 90 days to allow the Department of Homeland Security a chance to provide more solid reasoning for ending the program. 

Bates is the third judge to rule against Trump administration attempts to rescind DACA, which provides work permits and deportation protections for about 800,000 undocumented immigrants brought to this country as children.

In his decision Tuesday, Bates said the decision to phase out the program starting in March “was arbitrary and capricious because the Department failed adequately to explain its conclusion that the program was unlawful.”

If the government does not come up with a better explanation within 90 days, he said, the administration’s order to rescind DACA will be vacated and “DHS must accept and process new as well as renewal DACA applications.”

Read this news from the Washington Times at:
By Stephen Dinan - The Washington Times - Updated: 9:13 p.m. on Tuesday, April 24, 2018
A federal judge delivered another blow to President Trump’s attempt to roll back the Obama-era DACA program, ruling Tuesday that last year’s revocation was illegal and the entire program could have to be restarted.
That goes beyond other judges, who had also ruled the phaseout illegal but had only ordered Homeland Security to accept renewal applications from people who’d already been awarded DACA before. Judge John D. Bates’s ruling would require a full restart, meaning even illegal immigrant “Dreamers” who’d never been approved before would now be able to apply for DACA.
The judge imposed a 90-day delay on his own ruling to give the government a chance to reargue its case, but for now the ruling stands as the most severe blow yet to Mr. Trump’s phaseout.
Judge Bates said the government’s reasoning for revoking DACA wasn’t convincing enough, and so it amounted to an “arbitrary and capricious” decision, which makes it illegal under the Administrative Procedures Act.
“The Department’s decision to rescind DACA was predicated primarily on its legal judgment that the program was unlawful. That legal judgment was virtually unexplained, however, and so it cannot support the agency’s decision,” he wrote in his 60-page ruling.
He added: “It was also arbitrary and capricious in its own right, and thus likewise cannot support the agency’s action. For these reasons, DACA’s rescission was unlawful and must be set aside.”
oOo

Hạnh Dương
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