On Tuesday, a third federal judge ruled against Donald Trump's decision to abruptly end DACA. Trump had announced at the end of last year that he was ending the program and setting an expiration date of March 2018. It made no sense then, and it makes no sense now. U.S. District Judge John D. Bates, a Bush-era appointee, called the move "arbitrary and capricious," and said that the Department of Homeland Security had failed to provide any justification for ending the program.

In his decision, Bates wrote, "Each day that the agency delays is a day that aliens who might otherwise be eligible for initial grants of DACA benefits are exposed to removal because of an unlawful agency action." In a big blow to the president, Bates ruled that not only must the Trump administration allow current DACA recipients to reapply, but they're also obligated to accept new applications.

However, it's not all good news. Though he said the administration left its argument "virtually unexplained," Bates stayed his decision, giving them 90 days to justify why the president moved to rescind DACA. That's likely going to be difficult for the White House, and not just because Trump's anti-immigrant talking points are a hot load. The president has been extremely vocal about the fact that he chose to end protections for 690,000 immigrants brought to the U.S. illegally as children as a way to force Democrats to negotiate. He's even threatened to veto DACA protections from Congress. But those 90 days could be perilous for Dreamers in the U.S. The risk is high, since ICE has shown a willingness to illegally operate without warrants and arrest people who haven't broken criminal laws—the agency faces accusations of targeting individuals and cities for retaliation.

The Supreme Court chose not to take up a DACA case earlier this year, so the administration is running out of options. Trump usually takes these (many) court losses poorly, venting on Twitter about how difficult it is for him to rule unilaterally when there are legal standards, but so far he hasn't made any comment. However, it's entirely possible he's once again forgotten what DACA is.