A Republican Judge Shot Down Trump's Ongoing Attempts to Destroy DACA

Charlene Craig
April 26, 2018

"That legal judgment was virtually unexplained".

U.S. Supreme Court Justice Sonia Sotomayor. Now three federal judges have handed down decisions saying as much. In response to the ruling, the Justice Department said it stands by its original reasoning, calling DACA an "unlawful circumvention of Congress", and that it intends to continue making its case to the courts.

The department of homeland security "acted within its lawful authority in deciding to wind down Daca in an orderly manner", the justice department statement said.

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

US President Donald Trump might be a strong critic of the Daca (Deferred Action for Childhood Arrivals) programme of the previous Barack Obama regime and made a decision to end it in September 2017 to ensure that the national security of his country is "not compromised" with but the institutional checks and balances in the US have not allowed him a freeway to execute his preferences. They must have no significant criminal record and be enrolled in high school or have a diploma or the equivalent. Yet, politically, they couldn't leave nearly one million illegal aliens subject to immediate deportation; the political consequences would be too great. In total, 8,00,000 people will be affected by the decision-if the government decides to rescind the DACA program.

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For all the lawyers out there, feel free to chime in, but I thought the constitutionally shaky ground for DACA stemmed from the fact that the executive passed legislation.

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

Trump and DHS have yet to respond to the judge's order.

Protesters at a pro-Dreamers rally in NY. Earlier this year, two nationwide injunctions compelled the administration to accept renewal applications from current DACA beneficiaries, but no new applications. United States from the U.S. Court of Appeals for the Fifth Circuit.

While the rulings have been a blow to Mr. Trump, they've also ended up hurting Dreamers by sapping the urgency of Congress to take up a more permanent reform. If it fails to do so, the government must start processing first-time applications, as well, Bates ruled.

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"We believe the judge's ruling is extraordinary broad and wrong", Sanders said. It's been a whirlwind-an issue that's been a thorn in the side of the administration. "By providing a modified justification, this can save the case on appeal", said Mr. Blackman, a professor at South Texas College of Law.

While the previous decisions came from judges appointed by President Bill Clinton, Bates was nominated by President George W. Bush.

He did grant the administration one victory by refusing to order U.S. Citizenship and Immigration Services, the government agency that handles DACA applications, not to share data on recipients with deportation officers.

Although renewals are still accepted, immigrant rights groups have cautioned that applicants who have pending renewals run the risk of getting caught in what they've called the administration's ramped-up deportation machine.

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