Court Stops DACA Order, Will Force US to Take Illegals

Trump administration must accept new DACA applicants federal judge rules

Federal judge orders Trump administration to begin accepting new DACA applications, with 90-day delay

In the brief, Bates also opened up the possibility that the Trump administration could be ordered to take new applications for the renewal of DACA benefits, filed on or before October 5, 2017, by those whose benefits were set to expire on or before March 5, 2018.

The program was unilaterally created by Barack Obama in 2012, offering renewable two-year work permits to young undocumented immigrants, the majority of whom were brought to the U.S. as children. "That legal judgment was virtually unexplained, however, and so it can not support the agency's decision", he wrote in his 60-page ruling.

"Neither the meager legal reasoning nor the assessment of litigation risk provided by DHS to support its rescission decision is sufficient to sustain termination of the DACA program", Bates wrote.

The government did no better, the judge said, by saying that keeping the program going would probably face a legal challenge from states opposed to it.

"Today's order doesn't change the Department of Justice's position on the facts: DACA was implemented unilaterally after Congress declined to extend benefits to this same group of illegal aliens", said Devin O'Malley, a spokesman for the justice department, in a statement.

[A] federal judge ruled Tuesday that the government must resume accepting new applications.

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Bates stayed the ruling for 90 days to give the Department of Homeland Security time to come up with better arguments for scrapping the program. "For these reasons, DACA's rescission was unlawful and must be set aside". "The Justice Department will continue to vigorously defend this position".

In his January ruling, Alsup granted a request by California, the University of California system, and several California cities to block Trump's decision to end the DACA program while their lawsuit challenging the program's termination plays out in court.

Federal judges in California and NY have also blocked the administration's plans on those grounds, and ordered the administration to renew work permits for immigrants enrolled in the program. Given how many people's lives were built on the protections from DACA, Bates said, "its barebones legal interpretation was doubly insufficient".

His administration this year has renewed more than 55,000 work permits for immigrants enrolled in the program, as the courts required. But thousands were about to begin to lose protections because they hadn't applied for renewals. If it doesn't, he wrote, he will enter an order reinstating DACA in its entirety. The court ruled that the Department of Homeland Security (DHS) need to keep accepting renewals while the case was being deliberated. There, he also stands in contrast with other courts which have issued information-sharing injunctions.

Appointed by George W. Bush, Bates is the first Republican appointee to rule against Trump's move to wind down DACA.

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