University Times

DACA and Deferred Action

Federal Court threatens to strike government memo rescinding DACA after federal court ruling.

A+number+of+DACA+recipients+and+activists+protesting+in+San+Francisco+to+defend+dreamers.
A number of DACA recipients and activists protesting in San Francisco to defend dreamers.

A number of DACA recipients and activists protesting in San Francisco to defend dreamers.

Pax Ahimsa Gethen

Pax Ahimsa Gethen

A number of DACA recipients and activists protesting in San Francisco to defend dreamers.

Anthony Karambelas, Staff Reporter

Hang on for a minute...we're trying to find some more stories you might like.


Email This Story






Once again, the lives of over half a million U.S. residents are up in the air. With a new court ruling that has challenged the government’s DACA rescission, the program may not only be back in the running, but also opened up to first-time applicants and required to process applications for advanced parole. However, on the other hand, DACA could remain in its current state; the decision rests in the hands of the court.

On April 24, Senior District Judge John D. Bates, appointed by President George W. Bush, mandated that the Trump administration’s decision to begin phasing out the program “was arbitrary and capricious because the Department failed adequately to explain its conclusion that the program was unlawful.”

“Neither the meager legal reasoning nor the assessment of litigation risk provided by DHS to support its rescission decision is sufficient to sustain termination of the DACA program,” wrote Bates.

Bates’ ruling is different from previous decisions in the past few months from California and New York, requiring the government to continue issuing work permits for residents currently enrolled with DACA.

“The Department’s failure to give an adequate explanation of its legal judgment was particularly egregious here in light of the reliance interests involved,” wrote Bates.

If effective, Trump may be forced to rescind his government memo that initialized the process to phase out DACA. In other words, undocumented immigrants may have a second chance.

Bates will allow the Department of Homeland Security ninety days to support their case. If they manage to reissue a memorandum palatable to the court, then DACA’s could fall short of reinstatement.

Bates wrote, “On the one hand, it is certainly possible that the Department could articulate a valid reason for DACA’s rescission. For example, it could offer a coherent legal argument that DACA conflicts with the INA or violates the President’s duty to ‘take care that the laws be faithfully executed,’ or it could explain why, as a matter of policy, DACA-eligible individuals should no longer be low-priority targets for removal.”

The ruling developed out of a case brought up by the National Association for the Advancement of Colored People (NAACP), Microsoft, and senior student Maria Perales Sanchez at Princeton University.

Although uncertain whether the ruling will have any effect, the plaintiffs are pleased to note that the courts agree DACA’s termination was unfounded and untenable. 

“The better opinion would have been to immediately restore all of the original DACA, as the current decision prolongs the uncertainty that has terrorized undocumented youth once again,” said Sanchez. “At the same time, I’m faithful that DACA’s constitutionality will be upheld, and I hope that soon DACA is available to new applicants.”

Print Friendly, PDF & Email

1 Comment

One Response to “DACA and Deferred Action”

  1. jojo on May 7th, 2018 8:39 pm

    So the NAACP is in favor of DACA?

    [Reply]

If you want a picture to show with your comment, go get a gravatar.




Navigate Right
Navigate Left
  • DACA and Deferred Action

    News

    Summer of Video games

  • DACA and Deferred Action

    News

    The Dog Days of Summer

  • News

    Roaches Continue to Raise Concerns

  • DACA and Deferred Action

    News

    Who killed David Josiah Lawson?

  • DACA and Deferred Action

    News

    Metrolink: Prices are Going Down!

  • DACA and Deferred Action

    News

    Grad 2025: Initiating Success

  • DACA and Deferred Action

    News

    Lucky For Us, We’ve Got the Luckman

  • DACA and Deferred Action

    Sports

    LAFC Claims the L.A. Throne

  • DACA and Deferred Action

    News

    Mental Health: Beyond the Stigma

  • DACA and Deferred Action

    Arts

    Ethan Russell: Rock and Roll’s Photographer

The student news site of California State University - Los Angeles
DACA and Deferred Action