By Dan McCue
A federal judge ruled Friday that the Trump administration must fully restore the Deferred Action for Childhood Arrivals program, also known as DACA, after failing to provide justification for ending the program.
In his 25-page opinion, U.S. District Judge John Bates said he will delay the implementation of his ruling to afford the Trump administration 20 days “to determine whether it intends to appeal the Court’s decision and, if so, to seek a stay pending appeal.”
Bates concluded the administration’s September 2017 decision to rescind the DACA program “was both subject
to judicial review and arbitrary and capricious.
“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. Consequently, the government’s motion to reconsider the
Court’s April 24, 2018 order will be denied,” he wrote.
In April Bates gave the Department of Homeland Security 90 days to “better explain its view that DACA is unlawful.” If the department cannot come up with a better explanation, he wrote, it “must accept and process new as well as renewal DACA applications.”
Bates stressed that the court does not believe the administration, through the DHS, lacks the statutory or constitutional authority to rescind the DACA program.
Instead, he said, if the administration wants to end the program, it must put forward “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,” Bates wrote.
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4 Comments
But the judge has given plenty of time to figure out how to handle reinstating the program for those truly entitled. There are many that make claims that aren’t true.
Congress’s job.
Dreamers???? LMAO you mean free loaders. The gimme gimme generation is trying to take over.
My wife and I just had a baby. We have the best insurance and it still cost us an arm and a leg . But an illegal can stumble into the hospital crap out a baby and walk out with out a bill and demand their kid be a citizen. Give me a break and people wonder why this country is divided a the moment from the hard workers and the free loaders
No leftist “judge” has the right to interfere in what our President does to safeguard our country,especially since he ruled against our own legitimate laws. It’s bogus.