Immigration

A Federal Court Has Blocked Trump’s Order to End DACA. Again.

JM Ashby
Written by JM Ashby

A third federal judge under a third federal jurisdiction has ruled against the Trump regime's decision to abruptly cancel the Deferred Action for Childhood Arrivals (DACA) program.

U.S. District Judge John Bates, whose decisions are to subject review by the Fourth Circuit Court of Appeals in Washington DC, has given the Trump regime a limited amount of time to come up a better explanation for ending the program.

Actually, it may be more accurate to say Judge Bates is asking the Trump regime to present a single valid explanation, much less a better one.

From NBC News:

U.S. District Judge John Bates of the District of Columbia was withering in his 60-page ruling, calling the administration's attempts to end the program "arbitrary," "capricious," "virtually unexplained" and "unlawful."

Bates stayed the ruling for 90 days to give the Department of Homeland Security time to come up with better arguments for scrapping the program, known as DACA. If it doesn't, he wrote, he will enter an order reinstating DACA in its entirety.

You may recall that Attorney General Jeff Sessions said DACA should be eliminated because it's "unconstitutional" and because Republican-controlled states were preparing to challenge its legality in court, but Judge Bates took a big heaping shit on that idea.

In his ruling, Bates said the administration failed to give a sufficient reason for moving to cancel the program last fall, finding that a letter from Attorney General Jeff Sessions offered "scant legal reasoning" and failed to cite any federal law with which DACA was in conflict.

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.

Courts in Washington and New York under the jurisdictions of the Ninth Circuit Court of Appeals and the Second Circuit Court of Appeals respectively have previously ruled against Trump's order to end DACA.

At this point, no federal court has ruled in favor of the order.

  • muselet

    “Arbitrary,” “capricious,” “virtually unexplained” and “unlawful.”

    Yep, sounds about right for this administration.

    … [A] letter from Attorney General Jeff Sessions offered “scant legal reasoning” and failed to cite any federal law with which DACA was in conflict.

    Hardly a surprise, since that letter was meant as a fig leaf. (Either that or JeffBo is as bad an attorney as Kris Kobach, whose crack team submitted filings with internal notes still in the body of the text. True fact.)

    It’s not over till it’s over, and some of the Supremes seem just fine with anti–nonwhite-folks policies, but at this stage things aren’t looking good for Team Xenophobia.

    –alopecia

  • ninjaf

    TV Pundit Law Proclamations™ (“it’s UNCONSTITUTIONAL” comes straight out of rightie media) apparently are not admissible in court.