Second US judge blocks Trump's decision for ending DACA program

Second US judge blocks Trump's decision for ending DACA program

A federal judge in NY has ruled that the Trump administration can not end the Obama-era program created to protect from deportation young immigrants brought to the United States illegally as children.

Tuesday's ruling, combined with a ruling from a California judge last month, means the program could end up going beyond the March 5 date.

"Defendants indisputably can end the DACA program", Garaufis wrote, referring to the Trump administration.

Trump added that "very serious DACA talks" started that day, but that negotiations have been underway on the Hill since the administration announced the program would be ending.

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.

We are pleased the Court ordered the Department of Homeland Security to restore DACA under the same conditions set forth by a federal court in California.

The issue was brought to the judge when several DACA recipients, known as "Dreamers", and 17 attorneys general led by New York AG Eric Schneiderman sued the federal government for the September 5, 2017 decision to end the program.

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He even used Mr. Trump's own tweets as evidence that the DACA program was ended precipitously, pointing to President Trump's claims that he could "revisit this issue" as proof the program could have been continued.

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.

CNN reports that the Supreme Court is planning to meet behind closed doors this week to decide whether they will take up the Trump administration's appeal of the injunctions. 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". 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.

Judge Garaufis said that was not a compelling argument, and said DACA is neither unconstitutional nor illegal. The Supreme Court has not said yet if it will take the case.

"Today's order doesn't change the Department of Justice's position on the facts: DACA was implemented unilaterally after Congress declined to extend these benefits to this same group of illegal aliens".

The Justice Department has argued in court papers that DACA's halt was done in a rational, reasonable way with sufficient explanation.

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