A federal judge on Friday ordered a total restart of the Deferred Action for Childhood Arrivals (DACA) program, in a hit to the Trump administration.
From Fox News:
The administration last year announced its plan to phase out the program, which provides a level of amnesty to certain illegal immigrants, many of whom came to the U.S. as children.
The order is not set to kick in right away, according to Politico, which notes that the government has until Aug. 23 to file a motion to appeal the ruling by U.S. District Judge John Bates.
However, the judge denied a motion by the government to revise its earlier decision in April — which determined that the Department of Homeland Security’s decision to rescind DACA was “unlawful,” according to court documents.
Following that decision, the court issued a 90-day stay acknowledging that the “DHS could possibly remedy the decision’s inadequacies — at least in theory.” That period of time is now over, the judge said.
“For the reasons explained below, the government’s motion will be denied,” the document read. “Although the Nielsen Memo purports to offer further explanation for DHS’ decision to rescind DACA, it fails to elaborate meaningfully on the agency’s primary rationale for its decision: the judgment that the policy was unlawful and unconstitutional.”