2nd federal decide orders Trump administration to just accept DACA renewals
14 February, 2018, 18:15 | Author: Dustin Murphy
A federal judge in NY has ruled that the Trump administration can not end the Obama-era program created to protect from deportation young immigrants brought to the United States illegally as children.
It's the second time in less than two months that a USA judge found the rescinding of the program as proposed would be wrong.
"Defendants indisputably can end the DACA program", Garaufis wrote, referring to the Trump administration.
U.S. District Judge Nicholas Garaufis.
The case landed in the NY court after, when on September 5th Attorney General Jeff Sessions announced that the administration would end DACA on March 5th, NY Attorney Eric Schneiderman filed a lawsuit against the federal government saying the DACA repeal was based on "racial animus" against Latinos.
Garaufis wrote there wasn't evidence in the record to support the government's argument that officials had made a decision to end the program out of concern that courts would strike it down, similar to the injunction that blocked the Obama administration's Deferred Action for Parents of Americans and Lawful Permanent Residents program. Government lawyers argue the size and importance of the program warrants an immediate and definitive ruling on DACA's termination.
Garaufis' ruling follows a similar injunction from San Francisco federal judge William Alsup in January. "Based on its review of the record before it, the court concludes that defendants have not done so".
A second federal judge issued a ruling temporarily blocking the DACA program from ending. "The Justice Department argues that DACA was an illegal overreach by the Obama White House, and was likely to be overturned in court". Trump gave lawmakers a March 5 deadline to pass legislation that would end the program, but he was met with resistance from Democrats and judges alike.
"Today's order doesn't change the Department of Justice's position on the facts: DACA was implemented unilaterally after Congress declined to extend these benefits to this same group of illegal aliens".
The administration's March 5th date was meant to force Congress to pass legislation by that time to replace the program in exchange for funding Trump's campaign promise to finish the border wall and increasing immigration control. "The Department of Homeland Security therefore acted within its lawful authority in deciding to wind down DACA in an orderly manner. As such, it was an unlawful circumvention of Congress, and was susceptible to the same legal challenges that effectively ended DAPA", O'Malley said.
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