Judge Orders Trump Administration To Fully Restart DACA

posted by Bill Galluccio - 

Immigration Activists Rally At The White House In Support Of The Deferred Action For Childhood Arrivals Plan

A federal judge has ordered the Trump administration to fully restart the Deferred Action for Childhood Arrivals program by August 23rd. U.S. District Judge John Bates ruled that the administration failed to present new evidence to explain to the court why they had a valid reason to end the program, which protected nearly 700,000 people who were brought to the country illegally as children from being deported.   

“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,” Bates wrote in his 25-page opinion. 

He explained that the court never questioned whether the Department of Homeland Security had "the statutory or constitutional authority" to end DACA, but "rather, the court simply holds that if DHS wishes to rescind the program - or to take any other action, for that matter - it must give a rational explanation for its decision."

"A conclusory assertion that a prior policy is illegal, accompanied by a hodgepodge of illogical or post hoc policy assertions, simply will not do. The court, therefore, reaffirms its conclusion that DACA’s rescission was unlawful and must be set aside."

Photo: Getty Images

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