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m3n4.net May 26, 2018


Court orders restoration of DACA program

14 February 2018, 06:11 | Tara Lloyd

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President Donald Trump's move to end a program protecting hundreds of thousands of children of undocumented immigrants from deportation was blocked by a federal judge in NY.

US District Judge Nicholas Garaufis in Brooklyn ruled that the Deferred Action for Childhood Arrivals program (DACA) can not end in March as the Republican administration had planned, a victory for Democratic state attorneys general and immigrants who sued the federal government. He's also been making DACA related headlines prior to this, chastising people who support the end of the program and being quoted as saying, "You can't come into court to espouse a position that is heartless".

Garaufis said the administration could eventually rescind the DACA program but that the reasons it gave last September for rescinding it were too arbitrary and could not stand.

Ahead of his ruling Tuesday, Garaufis acknowledged it would be best if elected officials - rather than judges - settled on a solution for DACA.

The DACA program has provided temporary protection against deportation for more than 700,000 young undocumented people brought to the United States as children since the Obama administration created it in 2012.

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Garaufis' ruling in favor of Dreamers and a coalition of attorneys general led by New York Attorney General Eric Schneiderman is the latest twist in the status of DACA.

The issue was brought to the judge when several DACA recipients, known as "Dreamers", and 17 attorneys general led by New York AG Eric Schneiderman sued the federal government for the September 5, 2017 decision to end the program. He said President Trump's termination of DACA was "arbitrary and capricious".

A second federal judge issued a ruling temporarily blocking the DACA program from ending.

In a rare procedural move, the Justice Department appealed Alsup's decision directly to the Supreme Court.

Lawmakers have until a Trump-mandated March 5 deadline to find a replacement.

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Garaufis' ruling follows a similar injunction from San Francisco federal judge William Alsup in January.

The judge said the Trump administration can still rescind the program in the future if it does it the right way.

The legal battle over DACA complicates a debate now underway in Congress on whether to change the nation's immigration laws.

Following that decision, the Trump administration called on the Supreme Court to review the case. "As such, it was an unlawful circumvention of Congress, and was susceptible to the same legal challenges that effectively ended DAPA", O'Malley said. "The Justice Department argues that DACA was an illegal overreach by the Obama White House, and was likely to be overturned in court".

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