Federal judge orders Trump administration to continue renewing DACA applications

A federal judge has ordered the Trump administration to resume accepting renewal applications for Deferred Action for Childhood Arrivals, or DACA, an Obama-era program that prevented the deportation of some young immigrants.

The U.S. Department of Homeland Security announced in September the winding down of DACA, saying no new applications would be accepted and that immigrants whose status expired by March 5 had to submit renewal applications by Oct. 5, 2017. No renewal applications would be accepted after that date, the department said.

President Donald Trump contends that DACA is unconstitutional, and that the Obama administration did not have the authority to create the program.

But U.S. District Judge William Alsup on Jan. 9 said the Trump administration's rescission of  the program was "based on the flawed legal premise that the agency lacked authority to implement DACA."

Therefore, Alsup ordered, pending final judgment, that the U.S. government keep DACA on the same terms and conditions that were in effect before the September rescission. Current DACA recipients can submit renewal applications, the judge said.

DACA's rescission was legally challenged by many, including the Regents of the University of California; Janet Napolitano, president of the University of California (who served as DHS secretary in 2012 and issued the memo creating DACA); several states and DACA beneficiaries.

They alleged that DACA's rescission violated the Administrative Procedure Act, deprived recipients of constitutionally-protected property and liberty interests without due process of law, and violated equal protection of the law.

Trump responded to the order on Jan. 10, tweeting: "It just shows everyone how broken and unfair our Court System is when the opposing side in a case (such as DACA) always runs to the 9th Circuit and almost always wins before being reversed by higher courts."

The Justice Department said it remained committed to its position that DACA was an "unlawful circumvention of Congress" and that it looked forward to further litigation.

DHS can but is not required to process applications from new applicants or to advance requests from current beneficiaries to be able to travel outside the United States, Alsup wrote in his order. The department can also remove any individual, including DACA enrollees, determined to pose a risk to national security or the public, he said.

Trump and bipartisan lawmakers met on Jan. 9 to discuss a potential legislative solution for DACA recipients. Trump expressed a willingness to help DACA beneficiaries but affirmed after the meeting that border security, particularly his promised wall with Mexico, "must be part of any DACA approval."

Alsup's ruling that DHS resume accepting renewal applications for DACA is a setback for the Trump administration, but it's still not required to accept new applications. This promise continues to rate In the Works.