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August 6, 2018


On Friday August 3, 2018, a Washington-based district judge John Bates dismissed the Trump administration’s rationale for ending the Deferred Action for Childhood Arrivals (DACA) program as inadequate.


The federal judge has ordered the Trump administration to fully restart the Deferred Action for Childhood Arrivals program, the fourth district court ruling against the White House’s efforts to eliminate the program.


The order is not applicable with immediate effect. Federal Judge Mr. Bates has given the Trump administration until August 23, 2018 to appeal the ruling. In absence of any appeal, the administration will have to restart the Obama-era program, which protects from deportation more than 700,000 undocumented immigrants who were brought into the U.S. as children.


The judge had given the administration 90 days to restart the program back in April but stayed his own ruling to give the administration another chance at presenting a legally sound reason for why DACA is unlawful. It couldn’t.


Federal judge Mr. Bates stated that the Department of Homeland Security was unable to provide a coherent explanation of its legal opinion” and also failed to alternatively reissue its decision to end DACA for “bona fide policy reasons that would preclude judicial review.


The Trump administration is expected to appeal the court ruling; however, it does not seem to have come up with any new arguments. If the administration does not appeal the ruling before the deadline near the end of this month, it’s move to end DACA will be vacated and it will have to begin re-accepting new applications for the program immediately.


For more latest news and updates on immigration, please visit www.emandilaw.com.


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