U.S. District Judge John D. Bates in Washington, an appointee of George W. Bush, ruled against President Trump’s executive order to end the Deferred Action for Parents of Americans and Lawful Permanent Residents program better known as DACA. The Act allowed underaged immigrants, also known as Dreamers, to remain in the country and work legally under renewable permits.
President Trump announced last September that he would end DACA, placing 700,000 immigrants brought to the U.S. illegally as children in danger of deportation. Judges Alsup and Garaufis ordered DHS to allow applications to the DACA’s two-year permits granted to successful applicants at that time and the Supreme Court declined to intervene in the ongoing appeals process.
The ruling of Judge Bares follows previous injunctions issued by Clinton appointees Judges William Alsup and Nicholas Garaufis.
Bates called the government’s decision to end DACA “virtually unexplained” and therefore “unlawful.” He did, however, stay his ruling for 90 days for the Department of Homeland Security (DHS) to offer a more sound reason for ending the program. If Homeland does not provide an acceptable explanation within 90 days, he will rescind the order that terminated the program which will require Homeland Security to resume enrolling new applicants.
The ruling is the toughest blow yet to the Trump administration’s decision to end deportation protections for young undocumented immigrants. It is also the first time a judge has ordered the government to reopen the program to new applicants.
Judge Bates did leave a window of opportunity open for the White House by writing, “Nonetheless, there remains a ‘nontrivial likelihood’ that the agency could justify DACA’s rescission on remand.”
Trump administration officials say they are reviewing the decision. The Justice Department called attention to the fact that a similar Obama-era program for immigrant parents did not survive a court challenge.
The Department of Justice called the DACA program an “unlawful circumvention of Congress” created by President Barack Obama’s unilateral decision to make the program to just under a million illegals.
The Department of Homeland has long argued that the Obama Administration abused its executive power when it created DACA and other programs that benefit unlawful immigrants.
Supporters of President Trump should know that presidential policy is not set in stone and often changes from one administration to the next. While it will take time to work through the judicial process there is plenty of room left for the Jeff Sessions’ Justice Department to make its case successfully.
The most current ruling is one more example of the abuse a single district court judge of limited territorial jurisdiction is capable of.
To the government’s favor, federal appeals courts have already ruled that the Deferred Action for Parents of Americans and Lawful Permanent Residents programs (both DACA spin-offs) have both been overruled as unlawful. The White House has already pointed out that DACA has no more legal basis that the programs based on it.
Bates’ 60-page ruling means that immigration officials must “accept and process new as well as renewal DACA applications” if the administration “cannot offer a better legal explanation of its view that DACA is unlawful” within a 90-day stay period.
Thankfully, some in Congress are offering legislation that backs President Trump’s efforts at controlling illegal aliens. Earlier in the year, Chairman of the House Homeland Security Committee Michael McCaul (Rep-TX), House Judiciary Committee Immigration and Border Security Subcommittee Chairman Raúl Labrador (Rep-ID), and House Homeland Security Committee Border and Maritime Security Subcommittee Chairwoman Martha McSally (Rep-AZ) introduced the Securing America’s Future Act (H.R. 4760).
The bill strengthens existing immigration enforcement law, provides a legislative solution for beneficiaries of the Deferred Action for Childhood Arrivals program, and makes important reforms to legal immigration programs.
Immediately following the court’s decision, House Judiciary Committee Chairman Bob Goodlatte (Rep -VA) issued a statement saying:
“For a federal judge to rule that the current administration cannot change a memo from the previous administration is absurd. The DACA program was unilaterally created by the Obama Administration in a memo penned by former Homeland Security Secretary Napolitano. Just as easily as it was issued, it can be rescinded …”
President Trump kept his word about DACA by ordering it to end. At least a few Republicans seem to have the backbone to stand behind him.
~ Freedom News Report