Second Federal Judge Blocks Move to End DACA

14 February, 2018, 18:50 | Author: Brian Mcdaniel
  • Second judge blocks Trump from ending DACA

"The question before the court is thus not whether defendants could end the DACA program, but whether they offered legally adequate reasons for doing so", wrote Judge Garaufis, a Clinton appointee to the court in NY.

This week the Supreme Court is set to meet behind closed doors to discuss whether to take up the Trump administration's appeal of the related case.

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.

A federal trial court in New York City ordered President Donald Trump's administration to continue administering the Deferred Action for Childhood Arrival program, though it cautioned the government may eventually end the policy. Today, a second federal court has recognized that attempts by the Trump Administration to terminate the DACA program are illegal. The DREAM Act - Development, Relief and Education for Alien Minors - was legislation that offered numerous same protections as the Deferred Action for Childhood Arrivals administrative program but never passed Congress.

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The preliminary injunction issued today orders the Trump Administration to maintain the DACA program on the same terms and conditions for those already participating.

"Reliance on this "litigation risk" rationale would have been arbitrary and capricious, in light of defendants' failure to explain their decision or to consider any factors that might have weighed against ending the DACA program", he said.

Judge Garaufis said that undercut the president's own legal team, saying it's "not clear that the attorney general's views are those of the administration he serves". As such, it was an unlawful circumvention of Congress. In a statement in January, the Justice Department said, "DACA was implemented unilaterally after Congress declined to extend these benefits to this same group of illegal aliens".

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.

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