A Federal Court has given the Trump Administration 90 days to produce substantive evidence as to why the illegal Deferred Action for Childhood Arrivals (DACA) program is illegal, otherwise it will rescind the presidential order halting that program.
In the latest court challenge to the Trump Administration, U.S. District Judge John D. Bates for the District of Columbia said the Department of Homeland Security had failed to provide an adequate rationale for why the program is unlawful.
If the department cannot come up with a better explanation, he wrote, it “must accept and process new as well as renewal DACA applications.”
He said that the decision to rescind DACA must therefore be set aside, but he gave Homeland Security 90 days to “better explain its view” that DACA is illegal.
If it fails to produce a more convincing argument in the three-month timeframe, the Department of Homeland Security “must accept and process new as well as renewal DACA applications,” the judge said.
“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 his decision.
DACA granted the right to work and stay in the US without fear of deportation to about 700,000 nonwhite invaders brought to America illegally as children by their law-breaking parents.
A DHS spokesman confirmed that it intends to take up the court’s offer. “The Department of Homeland Security within its lawful authority in deciding to wind down DACA in an orderly manner,” spokesman Devin O’Malley said in a statement. “Promoting and enforcing the rule of law is vital to protecting a nation, its borders, and its citizens. The Justice Department will continue to vigorously defend this position, and looks forward to vindicating its position in further litigation.”
The suit was brought by the National Association for the Advancement of Colored People (NAACP) and the Trustees of Princeton University against the US Government.
Perhaps the most valid response to the court’s decision has come from conservative commentator Allie Beth Stuckey, who pointed out on Twitter that “Obama creates DACA with literally no constitutional backing: totally fine. Trump tries to rescind DACA because it has no constitutional backing: how dare he?”
Obama creates DACA with literally no constitutional backing: totally fine. Trump tries to rescind DACA because it has no constitutional backing: how dare he?
— Allie Beth Stuckey (@conservmillen) April 25, 2018