Judge orders US must resume DACA, after 90-day delay

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WASHINGTON, DC – MARCH 05: Immigration activists chain themselves up as they stage a civil disobedience to shut down Independence Avenue March 5, 2018 on Capitol Hill in Washington, DC. Congress has not come up with a fix as today marks the deadline President Donald Trump has set to end The Deferred Action for Childhood […]

WASHINGTON, D.C. (NBC News) — A third federal judge on Tuesday ruled against the Trump administration’s campaign to end the Deferred Action for Childhood Arrivals program for undocumented immigrants, ordering the administration not only to continue processing applications but also to resume accepting new ones.

U.S. District Judge John Bates of the District of Columbia was withering in his 60-page ruling, calling the administration’s attempts to end the program, known as DACA, “arbitrary,” “capricious,” “virtually unexplained” and “unlawful.”

Bates stayed the ruling for 90 days to give the Department of Homeland Security time to come up with better arguments for scrapping the program. If it doesn’t, he wrote, he will enter an order reinstating DACA in its entirety.

The Trump administration had sought to phase out the program starting last month, but two previous federal rulings stalled its efforts. Neither of those rulings — by judges in New York and San Francisco — ordered the government to resume accepting new applications for protection under DACA, making Bates’ ruling the strongest one so far.

“Each day that the agency delays is a day that aliens who might otherwise be eligible for initial grants of DACA benefits are exposed to removal because of an unlawful agency action,” Bates wrote.

In February, the U.S. Supreme Court declined to hear the administration’s appeal of the San Francisco ruling.

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