Friday, 23 February, 2018

Brooklyn judge blocks Trump admin from ending DACA

Second judge blocks Trump from ending DACA Second Federal Judge Blocks Move to End DACA
Ellis Copeland | 14 February, 2018, 18:49

The ruling stems from a lawsuit filed by AG Healey and a coalition of 16 other attorneys general in the U.S. District Court for the Eastern District of NY in September 2017 to defend the DACA program.

Last month, a federal judge in California issued a similar ruling that DACA must remain in place while legal challenges to the Trump Administration's decision to terminate DACA are pending.

Today's ruling reflects not only the illegality of the Trump Administration's move to rescind DACA, but also the clear and demonstrable benefits DACA provides to New Yorkers across our great state.

A federal district judge in NY on Tuesday became the second to block President Donald Trump's effort to end the Deferred Action for Childhood Arrivals program.

"Defendants indisputably can end the DACA program", Garaufis wrote, referring to the Trump administration.

The judge said the Trump administration can still rescind the program in the future if it does it the right way. The ruling means DACA recipients can renew their status, but the administration will not have to hold the program open to those who never applied.

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"It's not just an ad hoc comment that was overheard on an open mic", the judge said.

Under the judge's order, the government is required to continue processing DACA renewal requests for people who already are enrolled in the program and those whose enrollment lapsed before September 5, 2017. The court could announce as soon as Friday afternoon whether it will hearing the case.

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

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.

This ruling is rather unusual on several fronts.

The legal battle over DACA complicates a debate now underway in Congress on whether to change the nation's immigration laws. But he followed that up by ruling that the government still had to accept renewal applications from people now in the program.

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