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Stock Photo: Protesters march against the elimination of the Deferred Action Program (DACA). EFE.
Stock Photo: Protesters march against the elimination of the Deferred Action Program (DACA). EFE.

DACA is back... for now

A federal judge has ruled in favor of the Deferred Action Program last Tuesday, forcing the government to accept new applications if it fails to clarify its…

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While Congress and lawmakers continue to juggle the train of the Trump Administration, a new federal judge assumes responsibility for saving the Deferred Action for Childhood Arrivals (DACA) program.

Judge John D. Bates of the Federal District Court in the District of Columbia said that "the administration's decision to terminate the program (DACA) was based on the 'virtually unexplained’ grounds that the program was 'unlawful'", reported the New York Times.

In his ruling, Judge Bates declared that his decision will remain for 90 days, giving the Department of Homeland Security "the opportunity to better explain its reasoning for canceling it," the Times continues. If the department does not comply, then "it must accept and process new as well as renewal DACA applications,” reads the sentence.

For its part, the Department of Justice issued a statement on Tuesday night ensuring that it would "continue to vigorously defend" the legality of its decision, looking forward to "vindicating its position in further litigation."

"The Department of Homeland Security acted within its lawful authority in deciding to wind down DACA in an orderly manner," the statement continues. "Promoting and enforcing the rule of law is vital to protecting a nation, its borders, and its citizens."

However, with Bates, there are already three judges who are in open disagreement with the positions of the Department of Homeland Security, agreeing that its legal arguments to suspend the program border on the "arbitrary and capricious".

Even so, and as explained by the National Immigration Law Center, although the renewals of the program remain open thanks to the two previous sentences, "the Citizenship and Immigration Service (USCIS) is NOT accepting any applications from first-time applicants at this time", until the Department of National Security meets the stipulations of Judge Bates.

"What remains clear is the need for Congress to enact a permanent solution to protect Dreamers and end the uncertainty governing the lives of immigrant youth, their families, and communities," the NILC continued.

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