Wednesday, April 25, 2018

Judge rules that DACA start accepting new applications

ASPIRE
Members of Asians Students Promoting Immigrant Rights through Education
(ASPIRE) demonstrate in support of undocumented students.

A THIRD FEDERAL JUDGE has determined that Donald Trump's decision to end the Deferred Action for Childhood Arrivals (DACA) program is "arbitrary" and "capricious." 

The decision this week from Judge John Bates goes a step beyond than either of the earlier injunctions in California and New York. In addition to continue renewing existing DACA participants, the Washington D.C. judge orders the program to invite and approve new applications from so-called Dreamers who have yet to register for DACA,
However, before accepting new application, Bates has given the administration 90 days to issue a better and legally justified argument for ending the program, which was instigated by President Barack Obama through an Executive Order after the GOP-dominated Congress refused to act on immigration reform.DACA protects undocumented immigrants brought to America as children from deportation. The vast majority of the 700,000 to 800,000 DACA recipients are from Mexico. But there are also thousands of people from Asian countries like China, India, South Korea and the Philippines who would lose their protection and face deportation.

“The decision is only a temporary victory that still allows the administration 90 days to present additional grounds for dismantling this essential program for immigrant youth and families, stated Asian Americans Advancing Justice, a coalition of civil rights organizations.

"We believe in a just and humane immigration system that protects immigrants and our families and allows them to thrive in the United States. As such, Advancing Justice affiliates have joined amicus briefs in the multiple cases across the country challenging the administration’s efforts to end the DACA program." 

The statement went on to urge Congress to pass an immigration reform package that includes a permanent solution for undocumented youth, reinstatement of Temporary Protective Status, support refugee programs, and would not sacrifice family unification. 

Bates, who was appointed by President Geoerge W. Bush, said in his ruling that just calling DACA unconstitutional doesn't make it so. He said that accusation is "erroneous" and based on “scant legal reasoning.”

The government also, said Bates, “made no mention of the fact that DACA had been in place for five years and had engendered the reliance of hundreds of thousands of beneficiaries, many of whom had structured their education, employment, and other life activities on the assumption that they would be able to renew their DACA benefits.”
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