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Third judge orders Trump to restart Daca

Publish date: 26 April 2018
Issue Number: 4447
Diary: Legalbrief Today
Category: Immigration

A third federal judge has ordered the Trump administration to restart a programme that shields young undocumented immigrants known as ‘Dreamers’ from deportation and, in a first, to accept new applicants to the programme. According to a report in The Guardian, writing that the decision to end the Deferred Action for Childhood Arrivals (Daca) programme was ‘virtually unexplained’, the US District Judge John Bates said this week he would stay the order for 90 days to allow the Department of Homeland Security an opportunity to ‘better explain’ its decision. ‘Daca’s rescission was arbitrary and capricious because the department failed adequately to explain its conclusion that the programme was unlawful,’ Bates wrote in his 60-page ruling. Two District Court judges, in San Francisco and Brooklyn, previously ordered the Trump administration to spare Daca. Bates, however, went a step further and ordered that the administration accept new applications while litigation continued. Bates is also the first Republican appointee to rule on the matter. Judge Nicholas Garaufis, of the Federal District Court in Brooklyn, and Judge William Alsup, of the Federal District Court in San Francisco, were both appointed by Bill Clinton. 'Either Trump finds another way to end the programme, tossing hundreds of thousands of young people into deportation proceedings, or he works with (Republicans) and (Democrats) to find a legislative solution that secures our border and ensures Dreamers continue contributing to our economy,’ Ali Noorani, the executive director of the Washington-based National Immigration Forum, said on Twitter. ‘The American public wants permanent legislative solutions, not mass deportation.’

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