Published: Wed, February 14, 2018
Global Media | By Garry Long

2nd Federal Court Blocks Trump From Rescinding DACA

2nd Federal Court Blocks Trump From Rescinding DACA

The administration appealed the decision to the U.S. Supreme Court, which is considering if it will take up the case. They do not require DHS to accept applications from people who have never been protected by DACA.

"Today's ruling shows that courts across the country agree that Trump's termination of DACA was not just immoral, but unlawful as well", said Karen Tumlin of the National Immigration Law Center.

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.

The nationwide from US District Judge Nicholas Garaufis - which comes amid in Congress over immigration and the future of DACA - covers the issued by a federal judge in California.

This is the second time that a federal judge has ruled against the administration's decision to end DACA, which affects some 700,000 people in the USA often referred to as "Dreamers".

"If the Democrats want to make a deal, it's really up to them, because we want really tremendous border security, but we have to have Democrat support for DACA, and they are starting that process today", the president said.

The judge also found that the administration's position that the program was unconstitutional seemed "internally contradictory" with the decision to continue to process renewal applications that had already been filed while the program was wound down.

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"Plaintiffs have extensively documented the irreparable harms they will suffer if the DACA program ends", the judge said, noting that some 1,400 DACA recipients would lose important protections and work authorizations each day, beginning March 5.

If the decision is allowed to go into effect prior to a full adjudication on the merits, there is no way the court can "unscramble the egg" and undo the damage caused by what, on the record before it, appears to have been a patently arbitrary and capricious decision.

The judge said that the decision to end the program was based in part on the "plainly incorrect factual premise" that the program was illegal. "The Justice Department argues that DACA was an illegal overreach by the Obama White House, and was likely to be overturned in court".

The justices are scheduled to consider the request Friday.

In a statement, DOJ spokesman Devin O'Malley argued that the department's positions remained unaffected by Garaufis' order Tuesday. As such, it was an unlawful circumvention of Congress.

The Department of Homeland Security has been accepting renewal applications since Alsup's order came down.

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