Another federal judge blocks the end of DACA… sort of

Casey Dawson
February 14, 2018

The order from federal District Court Judge Nicholas G. Garaufis in NY comes as Congress debates legislation that would allow up to 1.8 million undocumented immigrants brought to the children, known as "Dreamers", to gain legal status rather than face possible deportation.

Today, a federal judge granted Attorney General Schneiderman and his fellow Attorneys General's motion for a preliminary injunction to block President Trump's rescission of DACA. He noted that the plan was based in part on the "plainly incorrect factual premise" that the program was illegal.

A federal judge in NY has ruled US President Donald Trump's administration didn't offer "legally adequate reasons" for ending the DACA programme.

"[The Trump administration] indisputably can end the DACA program", Garaufis wrote. "Based on its review of the record before it, the court concludes that defendants have not done so".

"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. But the judge said the reasoning behind its decision was flawed.

The judge ordered Trump's administration to allow people already in the DACA programme to continue enjoying protections.

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Mr. Trump had set a March 5 phaseout data for the DACA program.

Garaufis cautioned his ruling does not hold that DACA's rescission is unlawful, and left open the possibility that the government may legitimately revoke the policy at some point in the future.

Roughly seven months into his term, Trump called for the program's end saying it was unconstitutionally established by President Barack Obama in 2012.

In September, Trump said he was scrapping the DACA program but delayed enforcement to give Congress six months - until March - to craft a lasting solution for the program recipients, informally known as "Dreamers".

Despite the pushback, however, the Justice Department says that it will "vigorously defend this position" and argues that the Trump administration acted "within its lawful authority" when it chose to end DACA.

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