Federal judge rules against Trump's decision to end DACA

by Abel Hampton April 26, 2018, 0:42
Federal judge rules against Trump's decision to end DACA

Bates is the third federal judge to rule against ending DACA.

Sanders argued that the ruling gives incentive to illegal immigrants to enter the United States.

Bates wrote that DHS' decision "was predicated primarily on its legal judgment that the program was unlawful". "That legal judgment was virtually unexplained, however, and so it can not support the agency's decision". That legal judgment was virtually unexplained, however, and so it can not support the agency's decision.

U.S. Supreme Court Justice Sonia Sotomayor.

"DACA was implemented unilaterally after Congress declined to extend benefits to this same group of illegal aliens. As such, it was an unlawful circumvention of Congress", said the spokesman, Devon O'Malley.

DACA was created by then-Homeland Security Secretary Janet Napolitano in 2012.

Obama has slammed President Trump as "cruel" for rolling back his illegal executive order while failing to mention that he deported over 3 million illegal aliens during his tenure - more than any president in USA history. They were granted work permits after proving they were employed, in the military or in school, and after undergoing security checks. Yet, politically, they couldn't leave nearly one million illegal aliens subject to immediate deportation; the political consequences would be too great.

However, with Bates, there are already three judges who are in open disagreement with the positions of the Department of Homeland Security, agreeing that its legal arguments to suspend the program border on the "arbitrary and capricious". No court has found DACA to be unconstitutional.

But there's another element of the decision that's worth noting-the language of the court.

A judge in Maryland last month ruled the Trump phaseout legal.

Protesters at a pro-Dreamers rally in NY.

Bates said in his opinion that he was postponing his order to allow the Justice Department "an opportunity to better explain" its decision to wind down the program.

The New York Times's Miriam Jordan gives an account of the ruling in "U.S". He also served as the director of the Administrative Office of the U.S. Courts until January 4, 2015. Bates' order also does not effect the older court decisions that have made it so current enrollees are able to renew their DACA.

As of the most recent numbers through March 31, 693,850 people were protected by DACA. White House lawyers felt rightly that they couldn't defend the law in court.

Bates, appointed by President George W. Bush, called Trump's decision to rescind the program "arbitrary and capricious". He continued with his strong stand on the issue and his administration started deporting undocumented immigrants from the US. But while the earlier rulings barred the administration from ending DACA for current recipients, making them subject to deportation, Bates went a step further and said the government must allow others to apply.


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