A third federal judge has slammed the brakes on President Trump’s Deferred Action for Childhood Arrivals (DACA), telling the Justice Department that they had 90 days to explain their move to end DACA.
U.S. District Court Judge John Bates, the third federal judge and the first Republican appointee to rule against Trump administration attempts to kill DACA, wrote in a Tuesday opinion that the Department of Homeland Security has 90 days to provide him with a more compelling reason for rolling back the Obama-era program, otherwise he could order its restoration.
“DACA’s rescission was arbitrary and capricious because the Department failed adequately to explain its conclusion that the program was unlawful,” Bates wrote.
“Neither the meager legal reasoning nor the assessment of litigation risk provided by DHS to support its rescission decision is sufficient to sustain termination of the DACA program,” he continued.