A third federal judge on Tuesday ruled against the Trump administration's campaign to end the Deferred Action for Childhood Arrivals program for young immigrants living in the country illegally, ordering the administration not only to continue processing applications but also to resume accepting new ones.
"I think among the community, especially as we see more and more DACA recipients arrested and deported nationwide they're starting to feel like a greater sense of distrust in the program", attorney Sarah Yore-Van Oosterhout, said. The prospects of Congress acting prior to the midterm elections in November are slim, though some advocates seized on Tuesday's ruling to pressure Republican leaders to allow votes on various bills that would grant Dreamers legal status.
A federal judge in Washington, D.C., ruled yesterday that the federal government's decision to rescind the Deferred Action for Childhood Arrivals (DACA) program was unlawful and he ordered the government to restore the DACA program. The Supreme Court previously turned down a request by the White House that it immediately decide whether the Trump administration could shut down the program.
So even before the ruling, DACA was likely to remain intact for months. "All kids should have the right to stay until they're old enough to realize what they want to do and where they want to live". In addition, younger potential DACA beneficiaries, who will reach or have reached the age of 15, may qualify to apply as new recipients of DACA benefits.
"It is assumed that the Court of Appeals will proceed expeditiously to decide this case", the justices said in denying the Trump administration's petition.
"The new ruling reinstates what we have been saying: that DACA should have never been rescinded, that DACA is constitutional and that there was no reason to end the program", said Laura Garcia, who works with undocumented immigrants as racial justice program manager for YWCA Orange County.
He gave the administration 90 days to come up with a better legal argument.
"Hopefully what this will do is encourage congress to craft a permanent fix so we don't have to continue to use them as political football", Moody said.
The next steps only get more complicated.
"I have long called on DHS to issue a revised memo w/ clearer justification for DACA recision".
That case could end up setting precedent for how judges view DACA, sanctuary cities and a host of other major immigration cases winding their way through the courts.
DACA was first created by Janet Napolitano who was then the Homeland Security Secretary in 2012 under the Obama administration. "If (the administration) thought they had a chance, yesterday's opinion lays it to rest".