A federal judge on Friday said the government must restart the entire DACA deportation amnesty, including accepting brand new applications — but gave the administration a chance to appeal before his ruling takes effect.
The ruling by Judge John D. Bates is a major blow to President Trump, and creates even more confusion about his immigration policy.
Judge Bates said Mr. Trump and his Homeland Security Department do have the power to revoke the Obama-era DACA program, but they cut too many corners in the way they tried to do it.
He said the government needs to prove that it has considered the benefits to society of having illegal immigrants here and working, versus the government’s interest in enforcing the laws as written. He said Homeland Security failed to do that in its original revocation last September, and even after he gave it a chance to update its reasoning, it still failed to convince him.
“The court sees no reason to change its earlier determination that DACA’s rescission was arbitrary and capricious,” he ruled.
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