Federal judge says Trump administration failed to justify DACA rescission

President Donald Trump's administration failed to convince a federal judge of its reasoning for ending Deferred Action for Childhood Arrivals, or DACA. As a result, the program will be restored in full later this month, unless the administration appeals the case.

In April, U.S. District Judge John D. Bates said the Trump administration had not adequately explained its assessment that the Obama-era program was unlawful, and gave it 90 days to issue a new memo better explaining its justification. But the administration's latest effort didn't deliver, Bates said in an Aug. 3 ruling.

DACA prevents the deportation of young immigrants in the country illegally and who meet specific criteria.

A new memo from Homeland Security Secretary Kirstjen Nielsen "fails to elaborate meaningfully" the administration's primary rationale, that DACA was unlawful and unconstitutional, and "additional 'policy' grounds … simply repackage legal arguments previously made," Bates wrote.

Nielsen's memo doesn't provide reason to revise earlier determinations that DACA's rescission was "arbitrary and capricious," the judge said.

Bates said that neither his August nor April decisions held that DHS lacks the statutory or constitutional authority to rescind DACA.

"Rather, the court simply holds that if DHS wishes to rescind the program — or to take any other action, for that matter — it must give a rational explanation for its decision," Bates wrote. "A conclusory assertion that a prior policy is illegal, accompanied by a hodgepodge of illogical or post hoc policy assertions, simply will not do."

Bates gave the Trump administration until Aug. 23 to decide whether to appeal his decision, and if so, to seek a stay pending appeal. Without an appeal and stay of the order, DACA will be restored in full.

The Trump administration has been accepting applications to renew current DACA benefits, but not new applications from individuals who never had DACA.

Pending appeal, we continue to rate this promise as In the Works.