Second federal judge blocks plan to end DACA program
15 February, 2018, 03:10 | Author: Bert Pena
U.S. District Judge Nicholas Garaufis of the Eastern District of NY issued his own nationwide stay to the attempt last September to wind down the program aimed at protecting immigrants that arrived as youth.
But on January 9, US District Judge William Alsup in San Francisco ordered the administration to partially revive the program and resume accepting renewal applications, finding that the challengers who sued over the rescission were likely to succeed in arguing that it was "arbitrary and capricious".
The total number of DREAMers who have received DACA protections over the five years of the program.
Some prominent "Dreamers" are beginning to rethink their relationship with the Democratic Party, with one leading DACA recipient thanking President Trump for his "leadership" on the issue while accusing Nancy Pelosi and Chuck Schumer of treating the young immigrants as political "pawns".
Trump has maintained that any immigration bill he signs to help the Deferred Action for Childhood Arrivals (DACA) recipients also has to fund his border wall, beef up border security, restrict chain migration, and eliminate the visa lottery.
If the Supreme Court now refuses to grant review of the Administration's speedy appeal of the controversy, that would mean that the two judges' orders against shutting it down would remain in effect.
Trump gave Congress a deadline of March 5 to come up with a policy on the program and the U.S.
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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.
"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", Garaufis wrote.
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.
The judge's order to keep the program going was also based on his conclusion that there is not time enough for him and for higher courts to make a final decision on the constitutionality or legality of DACA prior to the scheduled shutdown.
Justice Department spokesman Devin O'Malley said the order doesn't change the government's position that DACA was an "unlawful circumvention of Congress".
Under the ruling, the administration does not need to process new applicants for DACA.
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