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Judge Rules Trump Decision To End DACA Improper

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Once again the courts have intervened to stop the implementation of an executive decision by Trump. The injunction halts termination of the DACA program pending the outcome of suits filed against the presidential action. An agreement to reinstate DACA was one that Democrats were gearing up to demand as a condition for voting approval for a budget that would avoid a government shutdown on Jan. 19. Logically, this decision should give Democrats more clout in the debate that must be resolved before next Friday's deadline. 


In the middle of the intense political fight about the program that shields from deportation young immigrants who were brought illegally to the United States as children, a federal judge in California late Tuesday issued a nationwide injunction ordering the administration to start the program back up again, saying the decision to kill it was improper.


President Barack Obama created the Deferred Action for Childhood Arrivals program, known as DACA, in 2012 to also give them the ability to work legally in the United States. President Trump ended the program in September, saying that Mr. Obama’s actions were unconstitutional and an overreach of executive power.


... critics of the president’s decision to end the program, including several states and organizations, had already sued the administration, saying that shutting down the Obama-era program was arbitrary and done without following the proper legal procedures.


...Judge William Alsup of Federal District Court in San Francisco agreed, writing in his ruling on Tuesday that the administration must “maintain the DACA program on a nationwide basis” as the legal challenge to the president’s decision goes forward.


The judge questioned in his ruling the administration’s contention that the DACA program had not been put into place legally. Judge Alsup asserted that the secretary of the Department of Homeland Security has long had the authority to grant the kind of temporary protections that formed the basis of the DACA program.


The judge wrote that previous recipients of the DACA protections must be allowed to renew their status in the program, though the government will not be required to accept new applications for the program from immigrants who had not previously submitted an application. The judge also said the administration could continue to prevent DACA recipients from returning to the United States if they leave the country.


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