DACA Lives: Federal Judge Allows Initial DACA Applications to Resume, Pending DHS Response

This past Tuesday U.S. District Judge John D. Bates spoke out against the Trump Administration's decision to end the Deferred Action for Childhood Arrivals. Bates stated that the decision to end the program is “unlawful” and “virtually unexplained.” He is the third judge to speak out against the Trump Administration alongside of New York and California judges demanding that the program continues to persist.

DACA provides individuals who were brought to the United States as children the opportunity to legally work, obtain in-state tuition, get a driver’s license and reside in the United States. “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. Thousands of eligible DACA applicants are turned down and exposed to the risks of deportation without the opportunity to currently apply for DACA and are living in fear everyday due to the uncertainty of the future of the program

Bates continued his ruling for 90 days awaiting the Department of Homeland Security’s actual explanation for ending the program. If the government does not bring about a comprehensive explanation within 90 days, the government memo that rescinded DACA will be terminated and first time applicants will be able to apply. This could be a major change for the face of DACA and for thousands of immigrants seeking DACA status.

The Trump Administration stated during their review of resending of the program that DACA ending contributes to protecting the border and enforcing overall immigration law. They initially ended it because Texas and other states threatened to sue over the creation of the program and the Trump Administration did not believe that DACA would survive through a court challenge. According to Bates, the decision to end DACA “was arbitrary and capricious because the Department failed adequately to explain its conclusion that the program was unlawful.”

Companies, organizations and Ivy League colleges are placing their support behind this 90 day waiting period. Brad Smith, the president of Microsoft, stated, “We hope this decision will help provide new incentive for the legislative solution the country and these individuals so clearly deserve. As the business community has come to appreciate, a lasting solution for the country’s dreamers is both an economic imperative and a humanitarian necessity.” Princeton University President Christopher L. Eisgruber contributed that “While the decision does not fully resolve the uncertainty facing DACA beneficiaries, it unequivocally rejects the rationale the government has offered for ending the program and makes clear that the DHS acted arbitrarily and capriciously.”

If you have any questions regarding the future of DACA please contact Attorney Nicholas Mireles at NicholasMireleslegal@gmail.com.