Tuesday, August 21, 2018

Judge Limits DACA Restoration to Only Renewals for Now


A District of Columbia Federal Judge Temporarily Restricted to Renewals, an earlier Order from earlier this Month, instructing the Trump Administration to Continue Processing Applications for the Deferred Action for Childhood Arrivals (DACA) Program. U.S. District Judge John D. Bates issued the Limited Stay of his Aug. 3rd Order as it applies to New Applications and to Bids for DACA-based Advance Parole, determining that it makes more sense to Restrict it to those who are already a Part of the Program, in case Future Appellate Decisions are made.

In January 2018, U.S. District Court Judge William Alsup temporarily Blocked the Phase-Out of the DACA and Directed the Administration to Maintain it while the Legal Challenge to End the Program moves forward. This means that until a Higher Court intervenes, previous beneficiaries of DACA can Renew their Status. The Government will not be Required to accept New Applications. DACA Recipients could be Prevented from Re-Entering the Country if they Leave. It is expected that the Administration will Appeal the Decision.

A Federal Judge in New York ruled in February 2018 that the Government must Restart DACA, adding more weight to the Legal Case against President Trump’s Phaseout of the Program just as Congress is debating the fate of “Dreamers” on Capitol Hill. Judge Nicholas G. Garaufis said the Administration does have the Power to Revoke DACA, but it must give a Sound Reason for doing so, and the Homeland Security Department’s September 2017 Rationale fell far Short of what is Required in that regard. He even used Trump’s own Tweets as Evidence that the DACA Program was ended precipitously, pointing to President Trump’s claims that he could “revisit this issue” as Proof the Program could have been Continued.









NYC Wins When Everyone Can Vote! Michael H. Drucker
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