U.S. District Judge John Bates said the administration's attempts to end the program is virtually unexplained and unlawful.
"Some courts, including the Supreme Court, have referred to aliens who are unlawfully present in the United States as "illegal" instead of 'undocumented, '" Bates wrote in a footnote, which pointed to the 2015 decision in the case Texas v.
Immigration advocates hailed Judge Bates's ruling, saying it highlighted the failure of the administration to justify the programme's termination. The judge has also ruled that the government has to accept new applications unlike the previous two federal judges who ruled on it. The judge, ruling in favour of Princeton University and the NAACP, wrote yesterday that the administration's explanation was "particularly egregious" because it didn't mention that numerous hundreds of thousands of beneficiaries had obtained jobs and pursued education based on the assumption that they would be allowed to renew. "The Department of Homeland Security therefore acted within its lawful authority in deciding to wind down DACA in an orderly manner".
However, the judge is delaying the ruling for 90 days to give DHS a chance to "better explain" its view that DACA is unlawful. Judge Bates's decision represents the first time that any court has vacated DHS's "Rescission Memorandum", thus potentially allowing new enrollees to participate in the program for the first time since DACA was terminated.
Here, the Department's decision to rescind DACA was predicated primarily on its legal judgment that the program was unlawful.
Praising the decision, the National Immigration Law Center tweeted, "What remains clear is the need for Congress to enact a permanent solution to protect Dreamers and end the uncertainty governing the lives of immigrant youth, their families, and communities". He said the government could offer a "coherent" argument for how DACA conflicts with immigration law, or that it violates the president's constitutional duty to "take Care that the Laws be faithfully executed". Bates' order also does not effect the older court decisions that have made it so current enrollees are able to renew their DACA. "Ending of the program wouldn't allow for new applicants to gain protection", Serres said.