The Justice Department had asked the high court to take the unusual step of bypassing an appeals court and granting fast-track review of a federal trial judge's decision.
In an order released on Tuesday night, U.S. District Judge John D. Bates said the Trump administration's decision to roll back the program was "arbitrary and capricious because the Department failed adequately to explain its conclusion that the program was unlawful". And although the government suggests that DACA's rescission was also predicated on the Department's assessment of litigation risk, this consideration is insufficiently distinct from the agency's legal judgment to alter the reviewability analysis. If it can not do so, he said, the order to withdraw the program will be vacated and the DHS must "accept and process new as well as renewal applications". Bates's decision went even further, saying that if the Trump administration can't provide sufficient justification for ending the program within 90 days, it must start accepting new applications as well.
Bates is the first Republican appointee to rule against the Trump administration's move to end DACA.
Obama has slammed President Trump as "cruel" for rolling back his illegal executive order while failing to mention that he deported over 3 million illegal aliens during his tenure - more than any president in USA history. Federal judges in Brooklyn and in San Francisco each issued injunctions ordering that the program remain in place.
"The Department of Homeland Security acted within its lawful authority in deciding to wind down DACA in an orderly manner", the statement continues.
Whoever gets to Texas first gets to extradite accused FMB murderer
She allegedly stole Hutchinson's identification and credit cards and fled in Hutchinson's 2005 Acura TL. Hutchinson was found dead with gunshot wounds earlier this month in Fort Myers Beach, Fla.
In response to Bates' ruling, the Justice Department stood by their original reasoning and said DACA is an "unlawful circumvention of Congress". "Promoting and enforcing the rule of law is vital to protecting a nation, its borders, and its citizens". They were granted work permits after proving they were employed, in the military or in school, and after undergoing security checks.
For all the lawyers out there, feel free to chime in, but I thought the constitutionally shaky ground for DACA stemmed from the fact that the executive passed legislation. United States from the U.S. Court of Appeals for the Fifth Circuit.
Politico reported that Bates's ruling could open the door for new DACA applications moving forward, but Rosa said that has yet to become a reality.