A federal judge ruled Tuesday that President Donald Trump does not have the power to legally end the Deferred Action for Childhood Arrivals (DACA) program, insisting that protections for these young illegal immigrants must stay.
The judge’s decision appears to imply that Trump cannot undo executive orders issued by his predecessors, but Bates left an opening for Trump’s administration to appeal the decision by providing an adequate explanation for ending the DACA program.
“I have long called on DHS to issue a revised memo w/ clearer justification for DACA recision. They haven’t done so for political reasons, or otherwise. Now J. Bates has given them a perfect opportunity to do so,” Blackman continued. “And it may actually moot other litigation based on the initial memo.”
This latest ruling is the third in recent months to block the Trump administration’s rollback of the program. Two other judges in California and New York had previously ruled it as illegal, even after a judge in Maryland ruled last month that Trump’s phaseout of the program was legal.
But both of those rulings have been appealed to circuit courts.
O'Malley also called the DACA injunction an “unlawful circumvention of Congress” that was vulnerable to the very challenges that ended the Deferred Action for Parents of Americans, also known as DAPA.
DACA was first created by Janet Napolitano who was then the Homeland Security Secretary in 2012 under the Obama administration. It was meant to work as a temporary measure designed to shield individuals brought to the United States as children by their illegal immigrant parents by giving them work permits.
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