Judge Nicholas G. Garaufis of the US District Court for the Eastern District of NY ruled that DACA participants and states are likely to succeed in their challenge that the way President Donald Trump terminated the Obama-era program was arbitrary and capricious.
A federal district judge in NY on Tuesday became the second to block President Donald Trump's effort to end the Deferred Action for Childhood Arrivals program. That means that as of March 5th they can stop accepting new applicants.
The preliminary injunction issued today orders the Trump Administration to maintain the DACA program on the same terms and conditions for those already participating.
"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".
I am proud to lead a coalition of 17 state attorneys general who have been fighting in court since September to protect Dreamers and preserve this vital program.More news: Turkey pledges $5B in loans, investment for Iraq reconstruction, FM Çavuşoğlu says
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Judge Garaufis is the second federal judge to rule Mr. Trump's aides bungled the phaseout, following a case in a federal court in California.
Last month, Trump introduced a proposal that would put all 1.8 million young immigrants in question on a pathway to citizenship, in exchange for stiff cutbacks on overall immigration and funding for a massive wall on the U.S. border with Mexico.
"Defendants indisputably can end the DACA program", Garaufis wrote, referring to the Trump administration.
Mr. Trump had set a March 5 phaseout data for the DACA program. "Because that conclusion was erroneous, the decision to end the DACA program can not stand". Garaufis' decision was met with praise from Karen Tumlin of the National Immigration Law Center, who said, "Today's ruling shows that courts across the country agree that Trump's termination of DACA was not just immoral, but unlawful as well".
"The Justice Department will continue to vigorously defend this position, and looks forward to vindicating its position in further litigation", O'Malley said.
The legal battle over DACA complicates a debate now underway in Congress on whether to change the nation's immigration laws.