US Judge rules against ending programme to protect Dreamers

26 April, 2018, 00:43 | Author: Clarence Schmidt
  • US President Donald Trump speaks during a joint press conference with French President Emmanuel Macron at the White House in Washington DC

Two other federal judges previously issued injunctions preventing the Trump administration from ending the DACA program in March as it planned, but Judge Bates' ruling goes further in that it requires the USA government to resume processing new DACA applications. But two other judges in California and NY had previously ruled it illegal.

A third federal judge rules against DACA... It offered two-year renewable work permits to undocumented immigrants brought to the U.S. as children. "The Department of Homeland Security therefore acted within its lawful authority in deciding to wind down DACA in an orderly manner", spokesman Devin O'Malley said in a statement.

President Donald Trump announced in September his administration would end the program - which since its inception in 2012 had benefited more than 800,000 recipients including more than 120,000 Texans, according to government statistics - saying it would be phased out over six months to give lawmakers time to come up with a legislative fix. The Supreme Court denied the request in February.

A fourth federal judge has ruled in favor of the government's decision to end the program. The decision will be reviewed by the Ninth Circuit Court of Appeals in San Francisco at a hearing set for May 15.

Previous legal challenges from California and NY have forced the federal government to continue to accept renewals, but Tuesday's decision - if it goes through - would go one step further to require that new applications must also be accepted.

While the rulings have been a blow to Mr. Trump, they've also ended up hurting Dreamers by sapping the urgency of Congress to take up a more permanent reform. But neither of those decisions required the government to accept new applications.


As of the most recent numbers through March 31, 693,850 people were protected by DACA.

Judge Bates gave a roadmap to the administration Tuesday for how it could justify its phaseout. White House lawyers felt rightly that they couldn't defend the law in court.

"This is a huge victory for DOJ".

Bates, appointed by President George W. Bush, called Trump's decision to rescind the program "arbitrary and capricious".

Since assuming office in January 2017, the Trump administration has adopted a hardline approach to immigration, increasing deportations of undocumented immigrants inside the US. There, he also stands in contrast with other courts which have issued information-sharing injunctions.

Politico reported that Bates's ruling could open the door for new DACA applications moving forward, but Rosa said that has yet to become a reality.

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