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DACA program should be fully restarted, federal judge rules

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A federal judge on Friday ordered a total restart of the Deferred Action for Childhood Arrivals (DACA) program, in a hit to the Trump administration.

The administration last year announced its plan to phase out the program, which provides a level of amnesty to certain illegal immigrants, many of whom came to the U.S. as children.

The order is not set to kick in right away, according to Politico, which notes that the government has until Aug. 23 to file a motion to appeal the ruling by U.S. District Judge John Bates.

However, the judge denied a motion by the government to revise its earlier decision in April — which determined that the Department of Homeland Security’s decision to rescind DACA was “unlawful,” according to court documents.

WHAT IS DACA AND WHAT DOES THE TRUMP ADMINISTRATION WANT TO DO WITH IT?

Following that decision, the court issued a 90-day stay acknowledging that the “DHS could possibly remedy the decision’s inadequacies — at least in theory.” That period of time is now over, the judge said.

“For the reasons explained below, the government’s motion will be denied,” the document read. “Although the Nielsen Memo purports to offer further explanation for DHS’ 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.”

The aforementioned memo from DHS Secretary Kirstjen Nielsen provided “additional ‘policy’ grounds” to undo DACA, the judge wrote. However, he added that “most of these simply repackage legal arguments previously made,” making them “‘insufficiently independent from the agency’s evaluation of DACA’s legality’ to preclude judicial review or to support the agency’s decision.”

In closing the brief, the judge wrote that at no point in this ruling, or the previous one, did the court contend that the DHS didn’t have “the statutory or constitutional authority” to end the program.

“Rather, the court simply holds that if DHS wishes to rescind the program – or to take any other action, for that matter – it must give a rational explanation for its decision,” the judge wrote.

“A conclusory assertion that a prior policy is illegal, accompanied by a hodgepodge of illogical or post hoc policy assertions, simply will not do,” the judge wrote. “The court therefore reaffirms its conclusion that DACA’s rescission was unlawful and must be set aside.”

ADMINISTRATION ENDS DACA, WITH 6-MONTH DELAY

The DACA program was formed through executive action by former President Barack Obama in 2012 and allowed certain people who came to the U.S. illegally as minors to be protected from immediate deportation. Recipients, widely known as Dreamers, were able to request “consideration of deferred action” for a period of two years, which was subject to renewal.

Individuals were able to request DACA status if they were under the age of 31 by June 15, 2012, came to the U.S. before turning 16 and continuously lived in the country since June 15, 2007.

It did not provide “legal status.”

Fox News’ William Mears and Kaitlyn Schallhorn contributed to this report.

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IT’S OVER: Trump Just Released His First Re-Election Campaign Ad & it’s Going Viral

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President Trump tweeted out what is seemingly the first re-election campaign ad for 2020 and it went viral overnight. This will give you chills.

It’s about 2 minutes long and it starts by playing audio of President Trump’s 2016 campaign promises from different speeches. Then, it shows the images of him keeping these promises.

Then, in the final minute of the video, you hear President Trump deliver a message directly to the “forgotten man” and “forgotten women” in a truly emotional way that sums up President Trump and the patriots who support him.

Never ever ever give up. Never stop fighting for what you believe in, and for the people who care about you.

Carry yourself with dignity and pride.

Relish the opportunity to be an outsider. Embrace that label because it’s the outsiders who change the world and who make a real and lasting difference.

Treat the word impossible as nothing more than motivation.

I am asking all citizens to embrace this renewal of the American spirit. Seize this moment. Believe in yourselves. Believe in your future. And believe once more in America.

I will fight for you with every breath in my body. And I will never ever let you down.

The forgotten man and the forgotten woman. You’re not forgotten anymore.”

 

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Al Sharpton Doesn’t Rule Out Running For President, Criticizes Trump

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Rev. Al Sharpton, one of the most visible figures of Black Lives Matter, has not ruled out running for president in 2020.

Sharpton said he wasn’t currently exploring a presidential run but did not rule out running, BuzzFeed News reported Tuesday.
“I never rule anything out,” Sharpton said.

Sharpton was in Florida Sunday leading protests against Florida’s stand your ground laws after the death of Markeis McGlockton. Michael Drejka shot and killed McGlockton in July. Pinellas County Sheriff Bob Gualtieri did not charge Drejka due to Drejka claiming he feared for his life.

Sharpton has been highly critical of President Donald Trump, calling him a racist at a Sunday rally because Trump stumped for Republican Rep. Ron DeSantis of Florida and didn’t mention McGlockton’s name.

“You want to know why we call you a racist? [You] talk like a racist and you walk like a racist and you act like a racist!” Sharpton said at the rally, according to BuzzFeed News.
Sharpton also criticized Pastor Darrell Scott, who called Trump “the most pro-black president that we’ve had in our lifetime,” on Aug. 3. He also argued that black ministers were cowards for not bringing up McGlockton’s name when they visited the White House that day.

“I won’t bow to Pharaoh, and I won’t bow to Donald Trump,” Sharpton said.

If Sharpton were to run, he would join a crowded Democratic primary. Sen. Kamala Harris of California, Sen. Kirsten Gillibrand of New York and former Vice President Joe Biden are just a few high-profile Democrats who have hinted at running for the Democratic Party presidential nomination.
Sharpton has run for office before. He ran for the Senate three times in the 1980s and 1990s and the presidency in 2004.

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Antifa Thugs Furious After Police Release Their Pics — Let’s Make Them Famous!

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Police in Berkeley, California and Portland, Oregon, arrested several members of Antifa over the weekend. Now, the Berkeley Police Department has released the names and headshots of many of the individuals arrested during a Sunday protest, posting their pictures and making the unhinged leftists furious. Let’s make these fools famous!

According to The Daily Caller, police in Berkeley released the names and headshots on Twitter of several people arrested during a Sunday protest, and Antifa and its allies are not pleased. The Berkeley Police Department published the information for 15 out of 20 individuals they arrested, resulting in much criticism from left-wing activists. Berkeley Police’s tweets included arrested individuals’ names, ages, city of residence, as well as the charge on which they were arrested.

The arrests were made at a Sunday event billed as a “No to Marxism in Berkeley” rally by conservative activists. What should have been a peaceful demonstration, however, was disrupted by Antifa members hell-bent on breaking the law.

Before the rally, the city issued broad rules prohibiting “weapons” in the area and “anything … that can be used for a ‘riot’.” Officials also banned protesters from wearing masks. As usual, though, the Antifa failed to follow these rules, and thus, many of them were arrested.

Jason Wallach, 41-year-old male from Oakland, charged with possession of a banned weapon.
Kate Brenner, 69-year-old female from Oakland, charged with possession of a banned weapon.
Kristen Edith Koster, 50-year-old female from Berkeley, charged with possession of a dangerous weapon.
Maria Lewis, 29-year-old female from Emeryville, charged with carrying a banned weapon and working with others to commit a crime.
Thomas Parker, 22-year-old male from Berkeley, charged with working with others to commit a crime
Caitlin Boyle, 27-year-old female from Oakland, charged with working with others to commit a crime.
Blake Griffith, 29-year-old male from Oakland, charged with vandalism.
Sarena Perez, 39-year-old female from Oakland, charged with possession of a banned weapon.
David Chou, 26-year-old male from Santa Cruz, charged with possession of a banned weapon and working with others to commit a crime.
Freddy Martinez, 31-year-old male from Berkeley, charged with battery.
Ericka Sokolower-Shain, 28-year-old female from Berkeley, charged with possession of a banned weapon.
Javier Cruz-O’Connell, 22-year-old male from Berkeley, charged with possession of a banned weapon.
Jamie Hill, 30-year-old female from Emeryville, charged with possession of a banned weapon.
Bella Podolsky, 27-year-old female from San Francisco, charged with possession of a banned weapon.
Andres Gonzalez, 35-year-old male from Oakland, charged with five counts of carrying a banned weapon.
Jeffrey Garten, 28-year-old male, from Oakland, charged with a single count of carrying a banned weapon.
The Guardian, which was among the left-leaning outlets that were clearly disgusted by the Berkeley Police Department’s move to release the Antifas’ names and headshots, reported:

Berkeley police have arrested more than a dozen anti-fascist activists and posted their names and photos on Twitter, raising concerns that the department was encouraging harassment and abuse.

Law enforcement’s unusual decision to immediately publicize the personal information and faces of arrested leftwing demonstrators on social media has sparked intense backlash. Critics have accused police of aiding the far right and endangering counter-protesters with “public shaming” and targeted arrests for alleged minor offenses.

The California police agency said it had arrested 20 people on Sunday at an “alt-right” rally, citing many of them for “possession of a banned weapon” or “working with others to commit a crime”. Most, if not all, of the people arrested were counter protesters, according to lawyers and activists working with demonstrators.

The department posted many of their names, photos and cities of residence on its official Twitter account on Sunday before anyone was formally charged. As of early Monday afternoon, a spokesperson for the local district attorney told the Guardian that Berkeley police had not yet brought the cases to prosecutors for consideration.

“This is very disturbing,” said Veena Dubal, a University of California law professor and former Berkeley police review commissioner. “It seems like a public-shaming exercise, which is not the role of the police department … They are making it really accessible for folks who might wish these people harm to locate them.”

 

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