Judge Rules Dreamers Can Dream Another Day

Tuesday, April 24, 2018 came good news for the immigrant community.

A federal judge ruled that Trump cannot stop DACA and new applications should be accepted again.

According to the New York Times, The Honorable John D. Bates of the Federal District Court for the District of Columbia said that Trump’s order ending the Deferred Action for Childhood Arrivals program “was based on the ‘virtually unexplained’ grounds that the program was ‘unlawful.’”

The DACA program was a product of the Obama administration that helped young, undocumented immigrants who would been brought to the United States as children.  Approximately 700,000 undocumented immigrants have applied for DACA, which they must renew every two years.

Bates’s decision is stayed for 90 days, meaning that the Department of Homeland Security has 90 days to more further explain why DACA is being cancelled.  According to the decision, if the Department of Homeland Security is unable to do this, DHS “must accept and process new as well as renewal DACA applications.”

This is the third federal ruling against Trump’s choice to end DACA.  In Brooklyn, New York and San Francisco, California, other federal judges have ordered injunctions to keep DACA.  But, Bates’s decision is different from the other decisions because he also said the government must accept new applications rather than just honor the existing program, something that the other two decisions had not specified.

In the decision, Bates said that the Trump administration deciding to stop the DACA program was “arbitrary and capricious because the department failed adequately to explain its conclusion that the program was unlawful.”

On the evening of Tuesday, April 24, the Justice Department issued a statement saying it would “continue to vigorously defend” why it chose to end the DACA program and that it looks “forward to vindicating its position in further litigation.”

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