Tuesday, 14 August, 2018

Second Federal Justice Obstructs Trump Revoking DACA

People protest for immigration reform that will allow DACA recipients a path to citizenry through the Dream Act which has been in legislative debate since 2011. Los Angeles Jan. 22 2018 Second judge blocks Trump from ending DACA
Kenny Thornton | 14 February, 2018, 18:08

WASHINGTON, A federal judge in NY dealt the Trump administration the second legal defeat in its effort to end Obama-era immigration protections for hundreds of thousands of people brought illegally to the USA as children.

It's the second time in less than two months that a USA judge found the rescinding of the program as proposed would be wrong.

"Plaintiffs have extensively documented the irreparable harms they will suffer if the DACA program ends", the judge said, noting that some 1,400 DACA recipients would lose important protections and work authorizations each day, beginning March 5. The judge also ruled that the administration could eventually rescind the program if it provided sound reasoning.

A federal judge in California ordered the Department of Homeland Security to maintain DACA in January.

Garaufis ruled in two lawsuits, one filed by an individual who had been a DACA recipient and one filed by a coalition of Democratic state attorneys general, led by the office of New York Attorney General Eric Schneiderman.

Judge Nicholas Garaufis, the Clinton appointee who issued a preliminary order today blocking President Trump's plan to phase out DACA, has a history of letting his personal beliefs impair his ability as an impartial jurist, a pattern that once prompted a higher court to remove him from a prominent discrimination trial involving the New York City Fire Department.

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Roughly seven months into his term, Trump called for the program's end saying it was unconstitutionally established by President Barack Obama in 2012. 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. "The court concludes that defendants have not done so".

The Supreme Court on Friday is due to consider whether to take up the administration's appeal of the San Francisco ruling. Trump gave lawmakers a March 5 deadline to pass legislation that would end the program, but he was met with resistance from Democrats and judges alike.

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.

"Federal courts from coast to coast have now reviewed the record and reached the same conclusion: President Trump's decision to rescind DACA was illegal", Schneiderman said in a statement. "As such, it was an unlawful circumvention of Congress, and was susceptible to the same legal challenges that effectively ended DAPA", O'Malley said.

The agency had already begun to accept renewal applications under the first court order.

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