(Reprint from The Washington Post – April 25, 2018)
A D.C. federal judge has delivered the toughest blow yet to Trump administration efforts to end deportation protections for young undocumented immigrants, ordering the government to continue the Obama-era program and — for the first time since announcing it would end — reopen it to new applicants.
U.S. District Judge John D. Bates on Tuesday called the government’s decision to end the Deferred Action for Childhood Arrivals program “virtually unexplained” and therefore “unlawful.” However, he stayed his ruling for 90 days to give the Department of Homeland Security a chance to provide more solid reasoning for ending the program.
Bates is the third judge to rule against Trump administration attempts to rescind DACA, which provides two-year, renewable work permits and deportation protections for about 690,000 “dreamers,” undocumented immigrants brought to this country as children.
In his decision, Bates said the decision to phase out the program starting in March “was arbitrary and capricious because the Department failed adequately to explain its conclusion that the program was unlawful.”
“Each day that the agency delays is a day that aliens who might otherwise be eligible for initial grants of DACA benefits are exposed to removal because of an unlawful agency action,” Bates wrote.
Federal judges in California and New York have also blocked the administration’s plans on those grounds, and ordered the administration to renew work permits for immigrants enrolled in the program.
But the ruling by Bates, an appointee of President George W. Bush, is far more expansive: If the government does not come up with a better explanation within 90 days, he will rescind the government memo that terminated the program and require Homeland Security to enroll new applicants, as well. Thousands could be eligible to apply.