轉發：Federal Judge Orders To Restore DACA

Federal judge orders Trump administration to restore DACA program; gives 20 days to appeal--Good Morning America報道。

A federal judge ruled on Friday that the Trump administration must fully restore the Deferred Action for Childhood Arrivals (DACA) program, an Obama-era policy that allows some children brought to the country illegally by their parents to avoid deportation.法官命令川普政府恢復所中斷的DACA計劃。

President Donald Trump ordered the program rolled back in September 2017, with Attorney General Jeff Sessions saying, "We cannot admit everyone who would like to come here. It's just that simple."「我們不能批准所有想到來這裡的人。」

The court had issued a ruling in April saying that the decision to rescind DACA was unlawful and set aside the case for 90 days to give the administration a chance to "remedy the decision’s inadequacies."法官判定，廢除DACA不合法，要求川普政府進一步解釋理由。

But the memo from Secretary of Homeland Security Kirstjen Nielsen seeking to clear up the government's position did not pass the muster for Judge John D. Bates on Friday and he ordered the April ruling upheld.國土安全部部長遞交備忘錄，其中的解釋未能通過Bates法官的法律要求。

"Although the Nielsen Memo purports to offer further explanation for DHS’s decision to rescind DACA, it fails to elaborate meaningfully on the agency’s primary rationale for its decision: the judgment that the policy was unlawful and unconstitutional," Bates wrote in his decision. "And while the memo offers several additional 'policy' grounds for DACA’s rescission, most of these simply repackage legal arguments previously made, and hence are 'insufficiently independent from the agency’s evaluation of DACA's legality' to preclude judicial review or to support the agency's decision."

The judge implied in his ruling that the government may have legal authority to rescind DACA, just not under the terms presented in this case by the government.法官意思說，政府或許有權廢止DACA，但政府在此所呈現的案情和過程不合格。

However, Bates did give the government 20 days to appeal the decision, a decision the government wasted no time in taking. Bates法官給政府20天期限申訴。

The Department of Justice made it clear it would appeal the ruling in a statement issued Friday evening. 總統法務部表示要申訴。

"Today’s order doesn’t change the Department of Justice’s position on the facts: DACA was implemented unilaterally after Congress declined to extend benefits to this same group of illegal aliens. As such, it was an unlawful circumvention of Congress, and was susceptible to the same legal challenges that effectively ended DAPA [Deferred Action for Parents of Americans]," the Justice Department said in a statement. "The Department of Homeland Security therefore acted within its lawful authority in deciding to wind down DACA in an orderly manner. Promoting and enforcing the rule of law is vital to protecting a nation, its borders, and its citizens. The Justice Department will continue to vigorously defend this position, and looks forward to vindicating its position in further litigation."

The White House has not commented on Friday's ruling. 白宮對這項判決尚未評論。

Sen. Kamala Harris, D-Calif., was among those reacting to the ruling on Friday evening. Harris tweeted her agreement with the decision, referring to the Trump administration's DACA decision as "pulling the rug out from under Dreamers."

Last September, the Justice Department recommended to the Department of Homeland Security and the White House that the DHS should begin "an orderly lawful wind down, including the cancellation of the memo that authorized this program," according to Sessions.去年九月，總統法務部建議國土安全部開始把DACA「有秩序地合法地停下來」。

"This administration's decision to terminate DACA was not taken lightly. The Department of Justice has carefully evaluated the program's constitutionality and determined it conflicts with our existing immigration laws," Elaine Duke, the acting homeland security secretary at the time, said in a press release. 當時的國土安全部部長在新聞發佈會上說：「政府仔細評審了DACA項目，確定它與我們現存的移民法有衝突。」

這個案例典型地反映出美國三權鼎立（行政、立法、執法）的治國原則--特別是總統行政命令不可違反憲法和其它法律條文的原則。當奧巴馬總統開創DACA政策時，恐怕是不怎麼合法的臨時措施，共有七個州就總統的DACA進行了起訴，不過後來越來越多的人覺得留著DACA也有好處。本文轉自ABC新聞網的報道。