Bush Appointed Federal judge orders complete restart of DACA – Deepest blow yet to Trump’s phaseout

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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.

That goes beyond other judges, who had also ruled the phaseout illegal but had only ordered Homeland Security to accept renewal applications from people who’d already been awarded DACA before. 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 Department’s decision to rescind DACA was predicated primarily on its legal judgment that the program was unlawful. That legal judgment was virtually unexplained, however, and so it cannot support the agency’s decision,” he wrote in his 60-page ruling.

Judge Bates was appointed by President George W. Bush to the U.S. District Court for the District of Columbia. – READ MORE

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