A Second Court Blocked Trump's Bid to End DACA
- Author: Joey Payne Feb 14, 2018,
Feb 14, 2018, 17:50
It's the second time in less than two months that a USA judge ruled that rescinding the Obama-era programme as proposed would be illegal.
The ruling requires the Department of Homeland Security to continue accepting renewal applications for Dreamers protected by the Obama-era Deferred Action for Child Arrivals (DACA) program, which President Donald Trump moved to end previous year.
The order does, however, add another federal judge's decision into the mix ahead of the U.S. Supreme Court's review of whether to take up review of a previous injunction issued out of the U.S. District Court for the Northern District of California late past year.
For the second time in as many months, a federal judge has barred the Trump administration from ending the Obama-era DACA program next month.
"Because that conclusion was erroneous, the decision to end the DACA program can not stand", he said.
Trump was referring to a deadline he announced past year to end a program protecting young immigrants from deportation.
The administration gave Dreamers until October 5th to reapply for their permits. All three government branches are firmly entrenched in a fight over undocumented immigrants who were brought to the U.S.as minors, and hundreds of thousands of lives hang in the balance.
Both Alsup and Garaufis deemed rhetoric by the president as worthy of consideration in their decisions.
Garaufis said the Trump administration relied on an "erroneous" belief the program was unconstitutional. The ruling means DACA recipients can renew their status, but the administration will not have to hold the program open to those who never applied.
The Dreamers and states, he wrote, were "substantially likely" to show the halt was "arbitrary, capricious, and an abuse of discretion".
Sixteen states, including NY, and Washington DC sued the Trump administration in September to block the administration's move to end the programme. "The court concludes that defendants have not done so".
"They didn't want tax cuts", Trump said. "If they come to me with things I'm not in love with, I'm going to do it".
In his order, Garaufis acknowledged the Trump administration absolutely has a right to change immigration policies as it sees fit.
At a later bargaining session among lawmakers and White House officials, No. 2 House Democratic leader Steny Hoyer of Maryland "had an exchange" with Kelly about the comments, Durbin said. "We would love to get it done", Trump said.
The most recent decision reinforces the case against the elimination of DACA, djio Tumlin, on the eve of the decision that the Supreme Court of the Nation must make this Friday in an appeal that the government made after the January decision.