A Third Federal Judge Has Ruled That Trump Must Continue DACA Program

Commentary Our lawless judiciary threatens the constitutional balance of powers like never before

In his 60-page opinion, Bates orders DHS to process new applications by illegal aliens seeking work authorization, social security numbers, and other benefits under the Deferred Action for Childhood Arrivals (DACA) program. Neither of those rulings - by judges in NY and San Francisco - ordered the government to resume accepting new applications for protection under DACA, making Bates' ruling the strongest so far.

Judge Bates has given the administration 90 days to justify the move before his ruling is implemented.

Earlier this year, two USA judges, one in Brooklyn and another in San Francisco, each issued injunctions ordering that the program remain in place. Our robed master Bates based his decision on the inadequacy of the administration's conclusion that Obama's decree was unlawful, but he kindly afforded Trump one more chance to explain.

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.

The judge's ruling was the third against the Trump administration's rollback of the Obama-era program, which Trump ended last September. DHS said the program would officially sunset on March 5, but multiple court rulings have forced the agency to continue accepting renewal applications.

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Bates' decision Tuesday was a ruling in the cases of NAACP v. Trump and Trustees of Princeton University v. Trump.

"Athough the substantive flaws in DACA's rescission are curable in theory, the Department may face practical obstacles when attempting to remedy them", Bates wrote. They argued that the administration had acted arbitrarily, in violation of federal law, because it had failed to offer a rational explanation for rescinding a program that had been in effect for more than five years.

Serres said DACA gives young immigrants proper access to jobs, transportation and higher education and that ending the program would stop all progress.

Spokesman Devin O'Malley said the U.S. Department of Justice is reviewing the judge's decision. The Supreme Court previously turned down a request by the White House that it immediately decide whether the Trump administration could shut down the program. I think this one goes a little bit further because it also says that DACA students can continue to apply. But if so, it must be applied across the board to all future presidents, not just Donald Trump. DACA is recognition that the people it protects did not willfully sneak across the border or overstay a tourist visa on their own.

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