Second Federal Judge Blocks Move to End DACA

Ting Shen  ZUMA

U.S. District Judge Nicholas Garaufis in NY ruled Tuesday that Attorney General Jeff Sessions had "erred in concluding that DACA is unconstitutional" and granted a preliminary injunction sought by state attorneys general and immigrants who had sued the administration.

The administration will seek a total of $18 billion for fiscal 2018 and fiscal 2019 to build a U.S. -Mexico border wall, the Office of Management and Budget said Sunday, a request tied to ongoing congressional negotiations over the fate of "Dreamers" enrolled in the expiring Deferred Action for Childhood Arrivals program.

"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.

"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 Trump administration] indisputably can end the DACA program", Garaufis wrote. "Any of these flaws would support invalidating the DACA rescission as arbitrary and capricious", Garaufis said. However, a recent court ruling has rendered that deadline meaningless.

Judge Garaufis said that was not a compelling argument, and said DACA is neither unconstitutional nor illegal.

Joel Rose, National Desk Correspondent at the NY bureau of National Public Radio reported that, "Garaufis said the administration can rescind DACA".

CBP and ICE are two of the three primary federal immigration agencies, part of the sprawling Department of Homeland Security.

"Today's court ruling out of the district court in Brooklyn shows that courts from coast to coast have sent a single clear message to President Trump: The way that he terminated DACA was not just immoral, it was unlawful", said Karen Tumlin, legal director at the National Immigration Law Center. "If they can't, I will revisit this issue!" DAPA would have provided similar protections from deportation to the undocumented parents of USA citizens and legal permanent residents. 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 court concludes that defendants have not done so".

Yet Garaufis' decision failed to achieve one of the big goals of the plaintiffs: forcing the Trump administration to process new applications for those who would have become eligible since the September 5 recision memo was announced. As Mother Jones has written, the Trump administration has taken the rare step of appealing Alsup's decision straight to the Supreme Court.

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