Holy crap. I didn’t think they’d actually go for it. This is insane. https://twitter.com/joshdorner/status/1286740382253031431
I can’t believe the judge in this hearing is taking the position that it’s unclear legally if DHS has to actually start processing new DACA applications and is going to be ordering new briefing. Just shocked.
The judge is taking the position that since SCOTUS remanded it to the agency with the acknowledgment that they could take a second crack at it, there may be caselaw about what it means for a policy to be rescinded on APA grounds and remanded, and if that allows processing holds.
The plaintiffs are now asking for immediate production of the administrative record of the NEW decision to put all DACA applications into a box and put them “on hold” while DHS decides to do with DACA. He’s trying to also make it more clear why he thinks DHS is violating the law.
Oh my god, the judge is giving DHS 30 days(!) to fix the USCIS website that explains what’s going on with the program. And telling them to acknowledge receipt of new applications in a way that lists this new reason.
Judge wants DOJ to go back to DHS and figure out in a week what’s going on and get a statement from DHS about what is actually happening.

What is happening??
Actual quote from the judge re his demand to get an explanation from DHS by next Friday: “I don’t want this, and I don’t want to demean anyone in the bureaucracy, I don’t want this to be done by some associate, assistants someone far real down in the pecking orde.”
Judge says he won’t allow DHS to just wave its hands and say they’re figuring it out, so he recognized some action may he needed. He suggests this would be in the form of enforcement action on his order. IOW plaintiffs will have to file a motion to show cause for contempt.
This is the Casa de Maryland case btw, sorry.
Judge wants DHS and plaintiffs to hammer out an agreement and a timeline for what evidence will be needed by the plaintiffs, with emphasis that he wants this to be resolved as quickly as possible. Parties have to “get back to him” by Friday with that joint schedule.
So by a next Friday he wants a joint status report about a briefing schedule for production of the administrative record and a briefing schedule for a motion to show cause for contempt, and also a declaration from someone “very high up” in DHS explaining what is going on.
Hearing is over. I am shocked. So next Friday in the Casa De Maryland case we’ll get an official explanation from someone high at DHS about what is going on with DACA.

Other cases should move for contempt orders ASAP, because apparently the battle continues in court??
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