News Worms
News Worms


2nd Federal Court Blocks Trump From Rescinding DACA

2nd Federal Court Blocks Trump From Rescinding DACA

That program granted the right to work and stay in the USA without fear of deportation to about 700,000 young immigrants.

Judge Nicholas G. Garaufis of the US District Court for the Eastern District of NY ruled that DACA participants and states are likely to succeed in their challenge that the way President Donald Trump terminated the Obama-era program was arbitrary and capricious.

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.

The judge said the Trump administration can still rescind the program in the future if it does it the right way.

"[The Trump administration] indisputably can end the DACA program", Garaufis wrote.

A second federal judge Tuesday has temporarily blocked the Trump administration from ending the Deferred Action for Childhood Arrivals program.

"What the judge meant is that those people who had DACA in the past and who did not renew it, can submit a new application if they wish and the government has to process it, " he said. The judge also ruled that the administration could eventually rescind the program if it provided sound reasoning.

U.S. District Judge Nicholas Garaufis. Wikimedia Commons
U.S. District Judge Nicholas Garaufis. Wikimedia Commons

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.

Garaufis' order, then, overlaps with that of U.S. District Judge William Alsup of the Northern District of California.

In revoking DACA a year ago, Attorney General Jeff Sessions and acting Homeland Security Secretary Elaine Duke said they were facing the threat of a lawsuit and doubted they could legally defend the program.

The Justice Department has argued in court papers that DACA's halt was done in a rational, reasonable way with sufficient explanation.

Sen. Thom Tillis, R-North Carolina, urged lawmakers to "focus" on March 5, despite the two district court rulings blocking the DACA drawdown, but acknowledged there will be more time. Instead, his decision holds that the administration likely violated a federal statute known as the Administrative Procedure Act by winding down DACA in an "arbitrary and capricious" manner. As Mother Jones has written, the Trump administration has taken the rare step of appealing Alsup's decision straight to the Supreme Court.

"DACA was implemented unilaterally after Congress declined to extend these benefits to this same group of illegal aliens". "Promoting and enforcing the rule of law is vital to protecting a nation, its borders, and its citizens".

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