April 24 Court Battle Reinstates DACA for New Applicants

Frederik Stefani – May 1, 2018  
The Deferred Action for Childhood Arrivals (DACA) saga, started January 2017, continues with another decision but without a final solution.  On April 24, 2018, a district judge in Washington D.C. ruled that the current administration’s decision rescind the DACA program was arbitrary and capricious.  This decision reinstates the DACA program in its entirety, allowing new applicants to apply for DACA. It is worth noting that this decision will not be in effect for 90 days (July 24, 2018). This provides opportunity for the current administration to explain why the program was unlawful.

Various cases challenged the current administration’s decision to rescind DACA.. Even though the President has expressed willingness to protect DACA, Congress and the current administration failed to reach an agreement.

Third Decision for DACA

This is the third decision ruled by Federal Judges against the administration to rescind DACA program. However, the current ruling issued by Judge Bates reinstates the full program, including new applications.  At this stage, the Department of Homeland Security has ninety days to issue a new memorandum explaining why the program is unlawful.  If the government fails to demonstrate within ninety days, the previous memo will be vacated, and DACA program will be restored by court order or through legislation.  Either way, it appears that the court battle will continue over DACA’s fate.

Full text of the court document


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