World

Second federal judge halts DACA termination

Second federal judge halts DACA termination

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. 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.

AG Healey previously sent a letter urging President Trump to maintain and defend DACA.

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. "The court concludes that defendants have not done so".

As NPR's Joel Rose reports, "Garaufis said the administration can rescind DACA". But it must begin to process applications again. But the judge said the reasoning behind its decision was flawed.

The earlier ruling by Judge William Alsup in California is already being appealed by the Justice Department.

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On Friday, the Supreme Court will consider whether to take on the issue.

These two injunctions, plus heavy resistance from Democrats, could keep the program running past Trump's March 5 deadline. As such, it was an unlawful circumvention of Congress.

Trump a year ago announced his plan to end DACA, the policy that allowed undocumented immigrants brought to the U.S. as children to stay in the country, effective March 5.

Trump's attorney general has said then-President Barack Obama's decision to implement DACA was an unconstitutional exercise of authority. He said that the courts will vindicate the administration's position that it acted properly in ending the program. He repeatedly criticized the Justice Department's handling of the case, in one instance suggesting they were playing games with timing. That program granted the right to work and stay in the USA without fear of deportation to about 700,000 young immigrants. 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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