A Second Judge Blocks Trump Administration From Ending DACA

Second judge blocks Trump from ending DACA

Second judge blocks Trump from ending DACA

A second federal judge has ordered the Trump administration to continue accepting renewal applications for the Deferred Action for Childhood Arrivals program, finding that the administration failed to provide "legally adequate reasons" for ending it.

U.S. District Judge Nicholas Garaufis in the Eastern District of NY ruled that DACA can not end in March as originally planned by the administration.

"Today's ruling reflects the illegality of the Trump administration's move to rescind DACA, a critical program that benefits states across the country", Schneiderman added.

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

NY state attorney general Eric Schneiderman, who leads a coalition of 17 attorneys general who sued to protect DACA and Dreamers, hailed Garaufis's decision as a "victory".

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"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.

During court arguments, Garaufis said he couldn't ignore Trump's "recurring, redundant drumbeat of anti-Latino commentary" or put out of his mind how the commander-in-chief's words could factor into DACA's demise.

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 judge's decision follows a similar ruling by a federal court in San Francisco last month.

Reportedly 87 percent of Americans want these protections, yet the president has ended DACA effective March 5.

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

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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.

Garaufis, in a footnote, questioned whether Sessions' conclusion that the program was unconstitutional reflected the administration's position.

The Department of Homeland Security has been accepting renewal applications since Alsup's order came down.

But in the months following, Mr. Trump had also said he would consider extending the March 5 deadline.

Just a few years ago, the Second Circuit Court of Appeals removed Judge Garaufis from a racial discrimination case against the NYFD, after Garaufis called the Department "a stubborn bastion of white male privilege", thereby revealing his own bias in favor of the plaintiffs. The Supreme Court has not said yet if it will take the case.

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U.S. Department of Justice attorneys have attempted to argue in the U.S. District Court for the Eastern District of NY about an ongoing "litigation risk" as justification for the government's decision.

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