Third US federal judge rules against Trump's bid to end DACA

Judge orders reopening of DACA after 90-day delay

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.

Denouncing the cancellation of DACA as "arbitrary and capricious" because the Department of Homeland Security had failed to adequately justify a policy that will severely disrupt millions of lives, the judge issued a harsh, 60 page opinion calling the Trump policy "particularly egregious".

Bates postponed the effects of his ruling for 90 days to allow the Trump administration to provide a better argument.

"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", spokesman Devin O'Malley said in a statement.

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In his 60-page decision, Bates took the administration to task for its justification for ending DACA, which was nearly entirely based on a threat from Texas and a handful of other states to challenge DACA in court. The government officially ended DACA in March, but its protections have stayed in place through court orders while lawsuits make their way through the system, leaving the status of about 700,000 children of undocumented immigrants in legal limbo. If the department can not come up with a better explanation, he wrote, it "must accept and process new as well as renewal DACA applications".

"The. prediction regarding the outcome of threatened litigation over DACA's validity - specifically, that the district court in the Texas litigation would immediately halt the program, without any opportunity for a wind-down - was so implausible that it fails even under the deferential arbitrary and capricious standard".

In January, a San Francisco federal judge similarly blocked the Trump administration from ending DACA, rejecting the government's argument that the courts can't review whether the president improperly made a decision to terminate the programme.

"DACA is constitutional, deal with it", the ACLU said.

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