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Third judge rules against Trump’s move to end DACA immigration program
A third federal judge has overruled the Trump administration's decision to end a popular immigration program protecting immigrants who arrived in the United States as children.
In September, President Donald Trump canceled the program known as the Deferred Action for Childhood Arrivals (DACA), triggering a wave of nationwide protests and legal actions against the move.
Similar to other rulings in the past, US District Court Judge John Bates concluded on Tuesday that Trump’s decision to wind down DACA was “arbitrary and capricious” because the Department of Homeland Security failed to “adequately explain its conclusion that the program was unlawful.”
The judge also said that administration has provided “meager legal reasoning” to support its decision.
Bates called the move “particularly egregious” because the lives of hundreds of thousands of DACA recipients were built upon the protections provided by the program.
The ruling, however, will not take immediate effect. Bates ruled that unless DHS came up with better explanation for the rescission within 90 days, the entire DACA program would be restored.
The Justice Department said the administration was adamant that its actions were lawful.
“Today’s order doesn’t change the Department of Justice’s position on the facts: DACA was implemented unilaterally after Congress declined to extend benefits to this same group of illegal aliens. As such, it was an unlawful circumvention of Congress,” spokesman Devin O’Malley said.
“Promoting and enforcing the rule of law is vital to protecting a nation, its borders, and its citizens. The Justice Department will continue to vigorously defend this position, and looks forward to vindicating its position in further litigation,” he added.
Former President Barack Obama established DACA in June 2012 by executive action, giving hundreds of thousands of people who came to the US illegally as children two-year, renewable permits to live and work in the country.
The DHS has resumed processing renewal applications after two federal judges ordered the government to accept renewals of the two-year permits issued by the program, and after the Supreme Court rejected to overturn those rulings.
Trump’s anti-immigration policies have created outrage in the US and across the globe.
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