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Second federal judge halts DACA termination

14 February, 2018, 18:14 | Author: Priscilla Morrison
  • Second judge blocks Trump from ending DACA

Judge Nicholas Garaufis said the feds have to keep processing renewal requests for undocumented immigrants who seek protection under the at-risk Deferred Action for Childhood Arrivals, just as they did before September 5, when the halt was first announced.

U.S. District Judge Nicholas Garaufis of the Eastern District of NY issued his own nationwide stay to the attempt last September to wind down the program aimed at protecting immigrants that arrived as youth. Garaufis' decision was met with praise from Karen Tumlin of the National Immigration Law Center, who said, "Today's ruling shows that courts across the country agree that Trump's termination of DACA was not just immoral, but unlawful as well".

The White House has maintained that any agreement on DACA also must incorporate enhanced border security, including funds to build a wall at the U.S. -Mexico border, as well as an end to the visa lottery system and limitations on family-based immigration.

"Today's federal court ruling is a victory for over 42,000 New York Dreamers and more than 700,000 Dreamers across the country", Schneiderman said in a statement.

Judge Garaufis called the Trump administration's push to repeal DACA (Deferred Action for Childhood Arrivals) under the premise that it's "unconstitutional" as "erroneous, ... arbitrary and capricious". If you are willing to accept the idea that the President can summon such a program into existence with the stroke of a pen rather than through the passage of new legislation by Congress, then you're on thin ice saying that a subsequent president can't modify or terminate the program in the same way.




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 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. "Based on its review of the record before it, the court concludes that defendants have not done so".

"DACA was implemented unilaterally after Congress declined to extend these benefits to this same group of illegal aliens".

A second federal judge issued a ruling temporarily blocking the DACA program from ending. As such, it was an unlawful circumvention of Congress.

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

That acknowledgment that the White House can end the program should really have been the end of the discussion and it nearly certainly will be if this ever reaches the Supreme Court.

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