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  1. #1
    Super Moderator GeorgiaPeach's Avatar
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    Federal judge says Trump must fully restore DACA

    Federal judge says Trump must fully restore DACA


    August 3, 2018

    Aris Foley

    A federal judge ruled Friday that the Trump administration must fully restore the Deferred Action for Childhood Arrivals (DACA) program.


    In his 25-page opinion, Judge John Bates said the Trump White House had again failed to provide justification for its proposal to end the Obama-era program, under which nearly 800,000 people brought to the country illegally as children, known as "Dreamers," have received work permits and deferral from deportation.


    The judge also said in his opinion that he has agreed to delay his ruling to give the Trump administration 20 days "to determine whether it intends to appeal the Court’s decision and, if so, to seek a stay pending appeal."


    President Trump rescinded DACA in September, a decision Bates wrote in his opinion “was arbitrary and capricious” with legal judgment that was “inadequately explained.”

    Bates further wrote that the U.S. District Court for the District of Columbia holds that if the Trump administration wishes to rescind the program, or take any other action for that matter, it must “give a rational explanation for its decision.”


    Bates said his court reaffirms its conclusion that DACA’s rescission “was unlawful and must be set aside.”


    Earlier this year, Bates, a George W. Bush appointee, became the third federal judge to reject Trump’s explanation for ending the program, ruling at the time that the decision by the Justice Department that the program was unlawful was “virtually unexplained.”


    http://thehill.com/homenews/administ...y-restore-daca
    Last edited by GeorgiaPeach; 08-03-2018 at 06:27 PM.
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  2. #2
    Super Moderator GeorgiaPeach's Avatar
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    Trump Administration Fails Again to Sway Judge on DACA Plan




    August 3, 2018

    Erik Larson

    The Trump administration failed again to convince a federal judge that there’s a legitimate reason to rescind legal protections for hundreds of thousands of young undocumented immigrants who were brought to the U.S. as children and seek to avoid deportation.


    U.S. District Judge John Bates in Washington said Friday that a second attempt by the Department of Homeland Security to offer a "rational explanation" for the agency’s decision had fallen short. Bates had given Nielsen another shot after blocking the plan in April.


    "The court has already once given DHS the opportunity to remedy these deficiencies -- either by providing a coherent explanation of its legal opinion or by re-issuing its decision for bona fide policy reasons that would preclude judicial review -- so it will not do so again," Bates said.


    The plan to rescind the Obama-era Deferred Action for Childhood Arrivals program, known as DACA, has also been put on hold by courts in California and New York. The U.S. Court of Appeals for the Ninth Circuit in San Francisco is reviewing one such ruling after having heard oral arguments in May.

    Bates gave the administration 20 days to decide whether it would appeal before he blocks the DACA rescission. The judge called the plan “virtually unexplained,” but said he wasn’t asserting that DHS Secretary Kirstjen Nielsen didn’t have authority to rescind it.


    "The court simply holds that if DHS wishes to rescind the program -- or to take any other action, for that matter -- it must give a rational explanation for its decision," Bates said. “A conclusory assertion that a prior policy is illegal, accompanied by a hodgepodge of illogical or post hoc policy assertions, simply will not do.”


    According to the decision Friday, the memo from Nielsen included several justifications for scrapping DACA, including saying it is "critically important for DHS to project a message that leaves no doubt regarding the clear, consistent and transparent enforcement of the immigration laws."


    DACA was rescinded in September 2017 after Attorney General Jeff Sessions determined the program was likely an "unconstitutional usurpation of Congressional authority," DHS spokeswoman Katie Waldman said in an email.

    "The DACA program that is hanging on due to court injunctions only provides protection for two years at a time and could end at any moment," Waldman said. "The reason why we are in the current predicament is because Congress has failed to act and provide DACA recipients a permanent solution."

    DACA recipients across the U.S. allege the plan to rescind their legal protections will result in close to 1 million people being forced from their homes and deported to nations they barely remember. Many of them have U.S.-citizen children and spouses, meaning thousands of families would be separated.



    https://www.bloomberg.com/news/artic...aca-judge-says
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  3. #3
    Super Moderator GeorgiaPeach's Avatar
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    jtdc, Mayday and grandmasmad like this.
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    Senior Member Beezer's Avatar
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    DACA ILLEGAL

    DAPA ILLEGAL

    THEY ARE ILLEGAL

    DO NOT REWARD...DEPORT THE WHOLE FAMILY!

    "DEFERRED" STATUS IS OVER

    SAME WITH "TEMPORARY" TPS...SEND THEM BACK!

    NO BACK DOOR AMNESTY

    NO HEART, NO LOVE...GO HOME!
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  5. #5
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    DACA is not even a law. Obama set up this program by EXECUTIVE ORDER!!! It is absurd to say trump must continue it.

    This decision will be overturned by the SC but that may take years and judge bates knows that.
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  6. #6
    Senior Member Judy's Avatar
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    They should have let it expire on June 15, 2017 like the White House wanted to do. Trump is a real estate guy, he knows nothing goes on in perpetuity, there is a beginning and an end to an agreement, he also knew that Jeh Johnson was already on record having "renewed" the original DACA program in writing for 3 years which would end on June 15, 2017, without any valid argument to the contrary, so legally that was clearly the best way to go to avoid all of this.
    Last edited by Judy; 08-04-2018 at 01:13 AM.
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    MW
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    Quote Originally Posted by Judy View Post
    They should have let it expire on June 15, 2017 like the White House wanted to do. Trump is a real estate guy, he knows nothing goes on in perpetuity, there is a beginning and an end to an agreement, he also knew that Jeh Johnson was already on record having "renewed" the original DACA program in writing for 3 years which would end on June 15, 2017, without any valid argument to the contrary, so legally that was clearly the best way to go to avoid all of this.
    There was no set date for DACA to expire. We've already been all through this. Please go back and research ALIPAC where it was, without a doubt, proven there was no DACA expiration date. Furthermore, President Trump never wanted to see DACA end. He wanted the Obama program to transition into a lawful program approved by the U.S. Congress. Remember, he developed a "heart" for the DACA kids. How soon we forget.



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    Senior Member Judy's Avatar
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    You say that, I just have no earthly idea why you say that. If it was in perpetuity as you say, then you've just proved the case that our opposition is taking which is you breached a forever deal you made with the DACAs. Why would you want to say such an asinine thing? A unilateral cancellation of a deal is a breach, a unilateral rescission of a deal is a breach, a unilateral termination without valid cause is a breach, a breach is illegal, an expiration by its terms is not. Our goal here was to end DACA not give fodder for its continuance as you're doing. In the US, a deal is a deal if the other party relied upon it, and it doesn't matter who is President or who made the deal on behalf of the US government, if it went into effect, the other party has every right to rely upon the "deal". It's clear as a bell to anyone with 2 live brain cells still connected that the original deal was a 2 year deal, which is why Jeh Johnson renewed it in 2014 for another 3 years which expired on June 15, 2017 by its terms.

    Good luck hoping your unconstitutional never-expiring perpetual "deal" will be shut down by the courts.
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    MW
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    Quote Originally Posted by Judy View Post
    You say that, I just have no earthly idea why you say that. If it was in perpetuity as you say, then you've just proved the case that our opposition is taking which is you breached a forever deal you made with the DACAs. Why would you want to say such an asinine thing? A unilateral cancellation of a deal is a breach, a unilateral rescission of a deal is a breach, a unilateral termination without valid cause is a breach, a breach is illegal, an expiration by its terms is not. Our goal here was to end DACA not give fodder for its continuance as you're doing. In the US, a deal is a deal if the other party relied upon it, and it doesn't matter who is President or who made the deal on behalf of the US government, if it went into effect, the other party has every right to rely upon the "deal". It's clear as a bell to anyone with 2 live brain cells still connected that the original deal was a 2 year deal, which is why Jeh Johnson renewed it in 2014 for another 3 years which expired on June 15, 2017 by its terms.

    Good luck hoping your unconstitutional never-expiring perpetual "deal" will be shut down by the courts.
    Go back and do your homework. "The truth will set you free."
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  10. #10
    Senior Member Judy's Avatar
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    I knew it was over your head. You don't know anything about contracts and agreements, which is why you never understood the difference between DACA 2012 which is an implemented program by agreement, and DACA Expansion and DAPA which were not.
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