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.
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 never gave an adequate justification for revoking DACA, so its decision seemed "Arbitrary and capricious" - which makes it illegal under the Administrative Procedures Act.
The program had always been on rocky ground, with one federal judge ruling it illegal - though deciding he didn't have jurisdiction to hear the case.
A federal appeals court also questioned the validity of the program when President Obama tried to expand DACA in 2014.
Those two judges had ordered the administration to again begin processing renewals - but had refused to require a full restart that included brand new DACA applications.
Judge Bate's ruling to restart even brand new applications, if it stands, could be the final blow to members of Congress who say they want a solution.
https://www.washingtontimes.com/news/2018/apr/24/daca-restart-ordered-federal-judge/
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 never gave an adequate justification for revoking DACA, so its decision seemed "Arbitrary and capricious" - which makes it illegal under the Administrative Procedures Act.
The program had always been on rocky ground, with one federal judge ruling it illegal - though deciding he didn't have jurisdiction to hear the case.
A federal appeals court also questioned the validity of the program when President Obama tried to expand DACA in 2014.
Those two judges had ordered the administration to again begin processing renewals - but had refused to require a full restart that included brand new DACA applications.
Judge Bate's ruling to restart even brand new applications, if it stands, could be the final blow to members of Congress who say they want a solution.
https://www.washingtontimes.com/news/2018/apr/24/daca-restart-ordered-federal-judge/
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