Another federal judge blocks the end of DACA… sort of

Pauline Gross
February 14, 2018

The decision is similar to a January 9 ruling by U.S. District Judge William Alsup in San Francisco that DACA must remain in place while litigation challenging Trump's decision continues.

Judge Nicholas Garaufis, a former President Bill Clinton appointee on the U.S. District Court for the Eastern District of NY, concluded the government violated the Administrative Procedure Act (APA) when it ended the program.

A Brooklyn federal judge on Tuesday impeded President Donald Trump's decision to end a program that protects immigrants brought to the USA illegally as children from deportation, a ruling similar but more broad than a California judge's previous decision to keep the program last month. However, the administration did not provide "legally adequate reasons for doing so".

US District Judge Nicholas Garaufis in NY ruled that Trump's decision to end the Obama-era program was based in part on the "plainly incorrect factual premise" that it was illegal. If Congress doesn't come up with an agreement to preserve the program, the administration has said, it doesn't expect to extend the March 5 deadline for DACA protections to expire. "The court concludes that defendants have not done so".

CNN reports that the Supreme Court is planning to meet behind closed doors this week to decide whether they will take up the Trump administration's appeal of the injunctions.

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Garaufis, however, said the government was "erroneous" in its conclusion that DACA was unconstitutional and that it violated the Administrative Procedures and Immigration and Nationality acts.

Mr. Trump had set a March 5 phaseout data for the DACA program.

Roughly seven months into his term, Trump called for the program's end saying it was unconstitutionally established by President Barack Obama in 2012.

The Coalition for Humane Immigrant Rights of Los Angeles (CHIRLA) has been running sign-up drives several times a week since Judge Alsup's first ruling, and said people have lined up for help to renew their permits. "As such, it was an unlawful circumvention of Congress", the Justice Department said in a statement.

The agency had already begun to accept renewal applications under the first court order.

Other reports by GizPress

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