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The Trump Administration’s promises to tighten up borders and escalate immigration control have been met with more serious resistance. U.S. District Judge John Bates of the United States District Court for the District of Columbia, first appointed by President Bush in 2001, recently breathed life back into the controversial Deferred Action for Childhood Arrival (DACA) program through his ruling. Not only did he order the continuation of DACA protections for past recipients, but he also made it possible for the program to be reopened for future applicants.

In his ruling, Judge Bates found no legal or clearly explained reasoning for DACA to be closed. The DHS had argued DACA was unlawful, but Judge Bates states it is not possible to follow given information to reach that conclusion. Before his ruling goes into full effect, the Department of Homeland Security (DHS) has 90 days to respond. The DHS may be able to undo his decision by showing clearer explanations as to why the program is unlawful.

If the DHS cannot bring forth a convincing reason for DACA’s rescindment, then Judge Bates’ ruling will effectively erase the governmental order to end the program. With that order undone, Homeland Security will be forced to once again accept DACA applicants, offering the same benefits granted immediately before the rescindment.

The Justice Department and the White House are both expected to fight Judge Bates’ ruling, if it stands after the 90-day review period. Previously, the Trump Administration claimed DACA was ended in the light of an impending lawsuit from several states. Yet the latest ruling also found this explanation as “meager legal reasoning” that could not stand. The overarching conclusion is that merely fearing a lawsuit is not enough to act, especially in such a broad-sweeping manner.

(For more information about this ongoing immigration law story, you can click here to view a full article published by The Washington Post.)

The Modi Law Firm, PLLC and our Houston immigration attorneys believe in the importance of family and keeping them close. If you or someone you love has encountered an immigration law concern, then come to us for quick-thinking and caring representation. We can assist with deportation defense, work visas, family immigration, and much more. Call (832) 514-4030 to begin your case today.

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