Federal District Judge John Bates ruled Tuesday that the Trump Administration could not explain what about the program was unlawful. Now three federal judges have handed down decisions saying as much.
A USA federal judge ruled that the administration of President Donald Trump must continue the Deferred Action for Childhood Arrivals (DACA) programme that protects young undocumented immigrants from deportation. "As the court noted, 'neither the meager legal reasoning nor the assessment of litigation risk provided by [the Department of Homeland Security]' is enough to support the government's decision to end the program". 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.
In a statement, Homeland Security Spokesman Devin O'Malley said, according to CNN, that the agency "acted within its lawful authority in deciding to wind down DACA in an orderly manner ... For these reasons, DACA's rescission was unlawful and must be set aside".
San Francisco and Brooklyn judges had already ruled the legal attempts to be invalid and required the administration to accept applications for two-year DACA renewals.
With 2 Special Election Wins, Democrats Gain State Senate Edge* (*See Felder)
Democratic leaders had hoped Felder might return if they win Tuesday's elections in Westchester County and the Bronx. Many of the Republicans who represent central and northern NY benefit from the current power dynamic in the Senate.
Shire Board To Recommend Revised GBP46 Billion Takeda Offer
Botox maker Allergan confirmed last week it would not make a bid for Shire , just a day after saying it was weighing up an offer. It said on Wednesday it meant to maintain its dividend policy and investment-grade credit rating following the deal.
Apple hires former Samsung VP in attempt to jumpstart business in Korea
Instead of relying on Samsung as a sole supplier, Apple has plans to rope LG into a bidding war with the South Korean company. Considering the production timeline, results of the supposed negotiations should be revealed in the coming weeks.
Bates said the Department of Homeland Security's rationale that DACA was "unlawful" was "arbitrary and capricious". "Promoting and enforcing the rule of law is vital to protecting a nation, its borders, and its citizens". She issued a memo ordering the government to grant "deferred action" to illegal immigrants brought to the U.S.as children who'd worked toward completing schooling. They must have no significant criminal record and be enrolled in high school or have a diploma or the equivalent.
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.
The government is expected to appeal the decision, but in January, the U.S. Supreme Court declined to take up a key case dealing with DACA, leaving the administration few options.
The Trump administration canceled DACA in September based on the opinion of Attorney General Jeff Sessions, who said the Obama-era program was unconstitutional. 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.
The New York Times's Miriam Jordan gives an account of the ruling in "U.S".