Off the Kuff Rotating Header Image

One federal court orders DACA restored

But hold on, because there’s another ruling to come.

A federal judge on Friday upheld his previous order to revive an Obama-era program that shields some 700,000 young immigrants from deportation, saying that the Trump administration had failed to justify eliminating it.

Judge John Bates of the U.S. District Court for the District of Columbia gave the government 20 days to appeal his decision. But his ruling could conflict with another decision on the program that a federal judge in Texas is expected to issue as early as [this] week.

[…]

Bates ruled in late April that the administration must restore the DACA program and accept new applications. He had stayed his decision for 90 days to give the Department of Homeland Security, which runs the program, the opportunity to lay out its reasons for ending it.

Kirstjen Nielsen, the homeland security secretary, responded last month, arguing that DACA likely would be found unconstitutional in the Texas case and therefore must end. She relied heavily on the memorandum that her predecessor, Elaine Duke, had issued to rescind the program and said the department had the discretion to end the program, just as the department under Obama had exercised discretion to create it.

Bates, who was appointed by President George W. Bush, did not agree. He called the shutdown of the program “arbitrary and capricious” and said Nielsen’s response “fails to elaborate meaningfully on the agency’s primary rationale for its decision.”

That’s the good news. The bad news is that federal judge Andrew Hanen will have a hearing in Houston on Wednesday the 8th on the Paxton lawsuit that seeks to put an end to DACA, and everyone seems to think that Hanen will (as has been his custom) give Paxton what he’s asking for. Which will force the matter to SCOTUS, and Lord only knows what happens next. I have more on the Texas case here and here, and see Mother Jones and ThinkProgress for more on the DC court’s ruling.

Related Posts:

2 Comments

  1. Bill Daniels says:

    This is pretty much like the DoJ slow walking documents to Congress that highlight their skullduggery during the election, the bs FISA warrants, the spying, the lying about paying off Steele, etc. It’s just delaying the inevitable…..shooting down DACA as unconstitutional, for the exact same reason that DAPA was shot down. We all know it’s not legal, even Obama himself said it wasn’t legal.

    Frankly, the quicker we kill DACA, the quicker we can get on to immigration reform…..the wall, end to the visa lottery, chain migration, and the stuff Americans want. Trump offered an amnesty for the DACA folks last time that the Dems shot down. One there is no DACA and some of those ‘dreamers’ start getting deported, the issue will again be at the forefront, and I doubt Trump will offer as good a deal as he offered last time. I bet he’s going to demand an end to birthright citizenship as the final piece of the puzzle, which will actually SOLVE the problem of separating families, permanently, so we aren’t back here in 30 years as elderly people talking about all of this again. We need to solve this now, some of us won’t be here in 30 years to fight about it.

    I say bring it on, get the court cases done so Trump can finally strong arm Congress into getting Americans what he promised them. And to the DACA folks, I say, have a plan. Start saving money. I think the people who actually signed up and have a truly clean record, and are self sufficient, and pay taxes will eventually get to stay, but it might be a bumpy ride. You are going to be the hostages Trump will use to finally, permanently solve the problem.

  2. Manny Barrera says:

    Trump will be behind bars if the Russians that he owes so much money to don’t take of their problems first. My two cents on Trump and his family. Rational because the Russians don’t play nice.

    For the idiots that may come and say about believing in conspiracies, take it up with the Qs, and the birthers first.