{"id":63999,"date":"2018-04-25T04:42:13","date_gmt":"2018-04-25T04:42:13","guid":{"rendered":"https:\/\/www.biphoo.com\/bipnews\/?p=63999"},"modified":"2018-04-25T04:46:46","modified_gmt":"2018-04-25T04:46:46","slug":"federal-judge-trump-administration-must-accept-new-daca-applications","status":"publish","type":"post","link":"https:\/\/www.biphoo.com\/bipnews\/news\/federal-judge-trump-administration-must-accept-new-daca-applications.html","title":{"rendered":"Federal judge: Trump administration must accept new DACA applications"},"content":{"rendered":"

Federal judge: Trump administration must accept new DACA applications<\/span><\/strong><\/h2>\n

A D.C. federal judge has delivered the toughest blow yet to Trump administration efforts to end deportation protections for young undocumented immigrants, ordering the government to continue the Obama-era program and \u2014 for the first time since announcing it would end \u2014 reopen it to new applicants.<\/span><\/p>\n

U.S. District Judge John D. Bates on Tuesday called the government\u2019s decision to end the Deferred Action for Childhood Arrivals program \u201cvirtually unexplained\u201d and therefore \u201cunlawful.\u201d However, he stayed his ruling for 90 days to give the Department of Homeland Security a chance to provide more solid reasoning for ending the program.<\/span><\/p>\n

Bates is the third judge to rule against Trump administration attempts to rescind DACA, which provides two-year, renewable work permits and deportation protections for about 690,000 \u201cdreamers,\u201d undocumented immigrants brought to this country as children.<\/span><\/p>\n

In his decision, Bates said the decision to phase out the program starting in March \u201cwas arbitrary and capricious because the Department failed adequately to explain its conclusion that the program was unlawful.\u201d<\/span><\/p>\n

\u201cEach day that the agency delays is a day that aliens who might otherwise be eligible for initial grants of DACA benefits are exposed to removal because of an unlawful agency action,\u201d Bates wrote.<\/span><\/p>\n

Federal judges in California and New York have also blocked the administration\u2019s plans on those grounds, and ordered the administration to renew work permits for immigrants enrolled in the program.<\/span><\/p>\n

But the ruling by Bates, an appointee of President George W. Bush, is far more expansive: If the government does not come up with a better explanation within 90 days, he will rescind the government memo that terminated the program and require Homeland Security to enroll new applicants, as well. Thousands could be eligible to apply.<\/span><\/p>\n

The cases were brought by the NAACP, Microsoft, Princeton University and a student.<\/span><\/p>\n

\u201cWe are pleased and gratified .\u2009.\u2009. but we\u2019re not out of the woods yet,\u201d said Bradford Berry, general counsel for the NAACP. \u201cThe government still has an opportunity to try to save their rescission of the program.\u201d<\/span><\/p>\n

Princeton University President Christopher L. Eisgruber added that \u201cWhile the decision does not fully resolve the uncertainty facing DACA beneficiaries, it unequivocally rejects the rationale the government has offered for ending the program and makes clear that the DHS acted arbitrarily and capriciously.\u201d<\/span><\/p>\n

Brad Smith, the president of Microsoft, said, \u201cWe hope this decision will help provide new incentive for the legislative solution the country and these individuals so clearly deserve. As the business community has come to appreciate, a lasting solution for the country\u2019s dreamers is both an economic imperative and a humanitarian necessity.\u201d<\/span><\/p>\n

The Trump administration said it is reviewing the decision. In a statement, the Justice Department pointed out that a similar Obama-era program for immigrant parents failed to survive a court challenge, and said ending DACA was part of its efforts to protect the border and enforce the rule of law.<\/span><\/p>\n

\u201cToday\u2019s order doesn\u2019t change the Department of Justice\u2019s position on the facts: DACA was implemented unilaterally after Congress declined to extend benefits to this same group of illegal aliens,\u201d spokesman Devin O\u2019Malley said in a statement. \u201cThe Justice Department will continue to vigorously defend this position.\u201d<\/span><\/p>\n

A federal judge in Maryland recently ruled in favor of the government in a different DACA case.<\/span><\/p>\n

The Trump administration says it decided to end DACA because Texas and other states had threatened to sue over it, and the government believed the program would not survive a court challenge. Bates ruled that the government\u2019s \u201cmeager legal reasoning\u201d \u2014 and the threat of a lawsuit \u2014 did not justify terminating the program.<\/span><\/p>\n

Congress failed to pass legislation this year protecting DACA recipients and other dreamers. Trump had hoped to use the young immigrants as a bargaining chip in the last round of budget negotiations, offering legal residency for them in exchange for money for a border wall and strict new immigration limits.<\/span><\/p>\n

After negotiations collapsed, he declared DACA \u201cdead.\u201d<\/span><\/p>\n

His administration this year has renewed more than 55,000 work permits for immigrants enrolled in the program, as the courts required.<\/span><\/p>\n

The program has transformed the lives of hundreds of thousands of immigrants, allowing them to get driver\u2019s licenses, qualify for in-state tuition, buy homes and attend college and graduate school. They must meet educational and residency requirements and cannot have serious criminal records.<\/span><\/p>\n

Source:-https:\/\/www.washingtonpost.com\/local\/immigration\/2018\/04\/24\/cfb41578-4816-11e8-8b5a-3b1697adcc2a_story.html?utm_term=.c67d3d135f83<\/span><\/p>\n

\n\t\t\t
\n\t\t\t <\/div><\/div>\n\t\t