On Tuesday, April 24th a federal judge ruled that the Deferred Action for Childhood Arrivals program (DACA) must stay in place despite the Trump administration’s announcement to end the program made in late 2017, and that the federal government must keep the program’s protections in place while accepting new applications.

Judge John. D. Bates of Federal District Court for the District of Columbia said that the administration’s announcement of the program’s termination based on an expressed unconstitutionality was “virtually unexplained.”

The judge announced a stay in the decision for 90 days to give the Department of Homeland Security the chance to clarify its reason for ending the program. Judge Bates additionally said that if the department cannot explain the program’s unlawfulness, DHS “must accept and process new as well as renewal DACA applications” after that 90 day period.

The Justice Department released a statement shortly after the judge’s ruling, saying that it will “continue to vigorously defend” its decision in ending the program, and that it would look “forward to vindicating its position in further litigation,” signaling an expected challenge to the judge’s ruling.

DACA is an Obama administration era program that allows young undocumented immigrants who were brought to the United States as children the opportunity to work legally in the U.S. The Trump administration had formally rescinded the program in March, but previously filed court orders had allowed DACA enrollees (also known as Dreamers) the chance to file for renewal applications as legal challenges to the Trump administration were processed in court.

D’Alessio Law Group is closely monitoring this news. If you have any questions regarding this development, please reach out to your D’Alessio Law Group professional, or reach out to us at 1(310) 909-3934.

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