Trump's move to end DACA program blocked by second USA judge

Wiki Media

A Brooklyn federal judge on Tuesday impeded President Donald Trump's decision to end a program that protects immigrants brought to the USA illegally as children from deportation, a ruling similar but more broad than a California judge's previous decision to keep the program last month.

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.

A federal judge in NY has ruled US President Donald Trump's administration didn't offer "legally adequate reasons" for ending the DACA programme. "The court concludes that defendants have not done so".

The judge said the Trump administration can still rescind the program in the future if it does it the right way. But it must begin to process applications again.

"It's not just an ad hoc comment that was overheard on an open mic", the judge said.

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. The court could announce as soon as Friday afternoon whether it will hearing the case.

The justices are weighing that request.

Garaufis cautioned his ruling does not hold that DACA's rescission is unlawful, and left open the possibility that the government may legitimately revoke the policy at some point in the future.

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Lawmakers have until a Trump-mandated March 5 deadline to find a replacement. In one September tweet he said that if Congress didn't act, "I will revisit this issue".

In a statement, U.S. Justice Department spokesman Devin O'Malley said DACA was implemented unilaterally by Trump's Democratic predecessor Barack Obama and thus unlawfully circumvented Congress.

"Reliance on this "litigation risk" rationale would have been arbitrary and capricious, in light of defendants' failure to explain their decision or to consider any factors that might have weighed against ending the DACA program", he said. They said it was more humane to do a six-month phaseout than to have a court end the program abruptly.

The U.S. Senate has begun talking about an immigration plan that would pave a path to citizenship for up to 1.8 million young "DREAMer" immigrants in the U.S. illegally. But he followed that up by ruling that the government still had to accept renewal applications from people now in the program.

Interest has, apparently, been strong even before the latest ruling.

This ruling is rather unusual on several fronts.

CHIRLA is helping incentivize applicants by offering to pay the $495 USCIS renewal fee.

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