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Zoe Tillman @ZoeTillman
, 5 tweets, 3 min read Read on Twitter
NEW: A federal judge in DC found the Trump admin's rescission of DACA "arbitrary and capricious." Judge ordered DHS to process *new* DACA applications as well as renewals, which would be a big deal, BUT he put the order on hold for 90 days…
US District Judge John Bates is giving DHS the 90 days to come back with a better explanation as to why it concluded DACA was unlawful. As it stands now, Bates wrote, "That legal judgment was virtually unexplained, however, and so it cannot support the agency’s decision."
There are already two nationwide injunctions requiring DHS to process DACA renewal applications. That's already up on appeal. Bates' order would go farther by requiring DHS to process new applications again. But DHS will have this 90-day period to try to stop that from happening.
This squares with what went down at arguments. Bates asked about options for sending it back to DHS -- DOJ argued that if he did that, he shouldn't also vacate the rescission. This opinion seems to occupy a middle ground -- vacating it, but giving DHS time to try to fix things
Now also seems like a good time to reup this context about Judge Bates
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