Judge orders Trump to resume DACA

People march through downtown Los Angeles supporting amnesty for illegal immigrants living in the United States Saturday, Sept. 2, 2006. The event, called "La Gran Marcha Laboral," was organized by the March 25 Coalition, which put on a massive protest in Los Angeles earlier this year. (AP Photo/Oscar Hidalgo)

A George W. Bush-appointed federal judge on Tuesday ruled that President Trump’s decision to rescind the Deferred Action for Childhood Arrivals program, known as DACA, “was unlawful and must be set aside.”

U.S. District Judge John D. Bates in Washington became the third judge to rule against the White House’s plans to end the program.

Judges William Alsup and Nicholas Garaufis, both Clinton appointees, had each issued injunctions earlier this year preventing the administration from terminating DACA based on its stated rationale that the Obama-era program was an illegal executive overreach.

Bates’ decision does not hold that the Trump administration lacks the authority to rescind DACA. Rather, it holds that the administration’s justification for ending the policy is insufficient under the Administrative Procedure Act, which states that courts “shall . . . hold unlawful and set aside agency action . . . found to be . . . arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.”

In his ruling, Bates noted a “non-trivial” possibility that the administration would be able to remedy his concerns by providing an alternative rationale. …

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Comments

  1. Really??? says

    found to be . . . arbitrary, capricious, an abuse of discretion???????

    It was arbitrary and capricious for Obama to ignore the law of the land. Laws are created in the House, affirmed by the Senate and signed by the President.

    The Democrats don’t care that their presidents are violating the law repeatedly. They want a Parliamentary system where whims of the nation force changes our current system will not allow.

  2. Brenda Torres says

    President Trump has no intention of killing DACA for the young people here, he even added their parents to it ….We just want Our Border secure FIRST so that we don’t have more coming here to take advantage of the DACA! The Democrat’s will do anything just to discredit our president even if it harms the DACA Program and even if it harms America!!!

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