Federal judge says Trump must fully restore DACA

[Judi Lynn]

Source: The Hill

BY ARIS FOLLEY - 08/03/18 05:20 PM EDT

A federal judge ruled Friday that the Trump administration must full 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President Trump rescinded DACA last September, a decision Bates wrote in his opinion “was arbitrary and capricious” with legal judgment that was “inadequately explained.”

Read more: http://thehill.com/homenews/administration/400332-federal-judge-says-trump-must-fully-restore-daca

[riversedge]

1. whow. Happy Day for the DACA families. But, I see trumpy has 20 days to appeal..........

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President Trump rescinded DACA last September, a decision Bates wrote in his opinion “was arbitrary and capricious” with legal judgment that was “inadequately explained.”

Bates further wrote that the court 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.”

[kwassa]

2. Trump is nothing but arbitrary and capricious, on top of cruel.

[justhanginon]

6. Cruel and probably really p....sed at this new ruling.

I guess we can expect some more tweeting rants, it hasn't been a particularly good week for him and his filthy cohorts.

[PBC_Democrat]

3. I agree with this decision ...

And I think we need to come up with a permanent solution for this.

But if was created with an Executive Order - why can't it be dissolved with an Executive Order?

This is one of the big reasons why elections matter.

[BigmanPigman]

4. YIPPIE!!!!!!!!

Two in one day! Happy weekend!

Another judge ruled earlier today that the Fucking Moron has to reunite the separated immigrant families that they planned to separate for over a hear with no intention of reuniting. The ACLU took tRump admin to court for this crime and the moron had the balls to say the ACLU had to do the work, AND pay for reuniting the families even though they are 100% responsible for it since it was their own anti-immigration plan/goal.

Thank you judges!!!!!

[ailsagirl]

5. YES!!!!!!!!!!!

[noneof_theabove]

7. old saying of mine...

Crude, Rude and Socially Unacceptable.

4 words and I wrote the pee-Residents biography.

[stuffmatters]

12. Expect Kavanaugh @SCOTUS:"Presidents need not legally justify, explain or even make rational EOs"

Following Kavanaugh's position that this "Imperial" President is above the law.

[hughee99]

8. So presidents need to adequately explain EO's

And executive branch policy from now on? I have a feeling this is one of those rulings we’ll cheer now and complain about down the road.

[Hulk]

9. I can "adequately explain" it for you....

...because President Obama made an executive order protecting these citizens. This orange buffoon is out to un-do everything President Obama has done...EVERY THING!!

[pecosbob]

10. I'm doubtful...sounds to me like the court is saying

we'll let you deport whomever you want, you just gotta come up with better language that that give us judges a little more cover like we did with your travel ban. We don't want to be strung up by an angry mob.

[Yo_Mama_Been_Loggin]

11. Small problem

Drumpf thinks DACA stands for "dotard acting childish again".

[Amaryllis]

13. WHo's gonna make him do it?

[christx30]

21. Can a judge force a president to issue an

Executive Order? And what if the president refuses? Can the judge send in marshals to arrest the president for contempt? I'm sure the Secret Service might have a problem with that.

[MadDAsHell]

14. I'm confused how Executive Orders work...

I assumed it was just as easy to end them as it is to enact them.

Thank goodness such protections are in place, but considering that they’re the whim of one person, it’s strange that they can’t be “undone” as easily as they’re “done.”

[MichMan]

15. I'm confused as well

Does this mean that Trump's EO can't be easily undone by the next president either ?

[sl8]

18. I think the big difference is whether or not they're subject to judicial review.

As I understand it, Obama's DACA EO and the related administrative actions were not subject to judicial review under the Administrative Procedure Act (APA) because they were considered to be a matter of prosecutorial discretion. The current administration's attempts at DACA rescission have been subject to judicial review and haven't fared too well, so far.

This primer on DACA rescission explains it far better than I could:
https://takecareblog.com/blog/a-primer-on-the-daca-rescission

Also, I found quite a few good newspaper and law review articles about DACA rescission by googling

"DACA APA rescission prosecutorial discretion judicial review" (without quotes).




And, the Wikipedia entry on the Administrative Procedure Act (APA):

https://en.m.wikipedia.org/wiki/Administrative_Procedure_Act_(United_States)

[lark]

16. Not jumping for joy with present SCOTUS.

This sycophantic racist & oligarch sucking SCOTUS will pretty much affirm any despicable thing done by drumpf that comes before them. Roberts might split off on some things, but it's got to be extreme overreach or else he's all in

[Nitram]

17. I've got my fingers crossed that this will hold.

[truthisfreedom]

19. Tweet attack on "activist judges" in 3... 2... 1...

[BadGimp]

20. Fat Chance