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A Third Federal Judge Ruled That The Trump Administration Didn’t Provide Enough Evidence To Rescind DACA

On April 24, recipients and advocates of the Deferred Action for Childhood Arrivals (DACA) program scored another victory in their fight to keep the Obama-era protection. A third district judge ruled against the Trump administration rescinding the program. DHS has 90 days to submit a rebuttal.

A U.S. district judge ruled President Donald Trump cannot end DACA.

U.S. District Judge John D. Bates said on Tuesday that the government has not provided any evidence to back up their reasoning for ending DACA.

According to court documents, Bates wrote: “One of the basic procedural requirements of administrative rule-making is that an agency must give adequate reasons for its decisions. Thus, when an agency reverses a prior decision, it must ‘provide a reasoned explanation for the change.’ That explanation need not be ‘more detailed . . . than what would suffice for a new policy created on a blank slate,’ but it must address the ‘facts and circumstances that underlay or were engendered by the prior policy,’ including any ‘serious reliance interests.'”

The ruling means the government must accept new applicants and renew pending applications submitted with a 90-day hold.

The 90-day hold means people still cannot submit new applications for DACA. Bates is the third judge to rule against the Department of Homeland Security (DHS) and Trump’s bid to end DACA.

DHS has been accepting renewal applicants since September but Tuesday’s new ruling is the first to state that new applications can be submitted.

The DHS, led by Attorney General Jeff Sessions, is standing behind their decision to end DACA.

“The Department of Homeland Security therefore acted within its lawful authority in deciding to wind down DACA in an orderly manner,” spokesman Devin O’Malley said in a statement, according to CNN. “Promoting and enforcing the rule of law is vital to protecting a nation, its borders, and its citizens. The Justice Department will continue to vigorously defend this position, and looks forward to vindicating its position in further litigation.”

Judge Bates’s decision includes a 90-day period for DHS to submit a rebuttal with evidence for their decision.

READ: This DACA Recipient Was Assured He Could Get A Visa In Mexico To Start His Green Card Process But Got Denied

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