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#19
02-22-2019, 10:19 AM
Senior Member
Joined in Sep 2017
2,017 posts
Red neck
@BritainEakin
5m5 minutes ago
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On the docket today at the DC Circuit: the gov. is appealing the district court's ruling on DACA in NAACP v. Trump et al., which found that DHS' decision to rescind the program was arbitrary and capricious. @CourthouseNews

U.S. District Judge John Bates held back in April that DHS had failed to adequately explain to the court why it believed DACA was unlawful. He then gave the gov. 90 days to better explain its decision to rescind DACA. https://ecf.dcd.uscourts.gov/doc1/04516542205

But on Aug. 3 Bates remained unpersuaded, writing in a 25-page opinion that "a conclusory assertion that a prior policy is illegal, accompanied by a hodgepodge of illogical or post hoc policy assertions, simply will not do." https://www.courthousenews.com/wp-co...18/08/DACA.pdf


Pointing to increased confusion should the DC Circuit reverse his ruling, Bates issued a stay on new DACA applications about 3 weeks later pending the government's appeal, but ordered DHS to continue processing renewal applications.

The gov. will argue today that its decision to rescind DACA was a purely discretionary enforcement decision and is not reviewable under the Administrative Procedure Act, a law that requires federal agencies to have a rational basis for proposing and establishing regulations.


https://twitter.com/BritainEakin/sta...48625898659846
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