A federal judge in NY ruled Tuesday that the government must restart the Obama-era Deferred Action for Childhood Arrivals deportation amnesty, adding more weight to the legal case against President Trump's phaseout of the program just as Congress is debating the fate of "Dreamers" on Capitol Hill.
The order from federal District Court Judge Nicholas G. Garaufis in NY comes as Congress debates legislation that would allow up to 1.8 million undocumented immigrants brought to the U.S.as children, known as "Dreamers", to gain legal status rather than face possible deportation. They said it was more humane to do a six-month phaseout than to have a court end the program abruptly. 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 Trump government has already restarted DACA's renewal proceedings following a similar decision in January by Judge William Allsup in a lawsuit filed by California Attorney General Xavier Becerra and state universities.
NY federal court has adjudged that the president Trump administration can't cease the Obama era plan dedicated to protect exiling young migrants brought in the United States.
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.
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U.S. District Judge Nicholas Garaufis in NY ruled Tuesday that the government hasn't offered legally adequate reasons for ending the program, known as Deferred Action for Childhood Arrivals - or DACA.
Trump and his Attorney General, Jeff Sessions, had sought to justify DACA's end by saying the program was illegal and they risked legal challenges by keeping it running.
Judge Garaufis said that was not a compelling argument, and said DACA is neither unconstitutional nor illegal. A second judge has somehow ruled that the government must continue to accept renewal applications from DACA recipients while other cases play out and Congress works on replacement legislation.
A second federal judge has temporarily blocked the Trump administration from ending protections for Dreamers-undocumented immigrants who came to the United States as children. "Based on its review of the record before it, the court concludes that defendants have not done so", he wrote.
Although the latest order doesn't go beyond the nationwide injunction issued by the judge in California last month, it gives the challengers more fuel as the Justice Department - which has already asked the US Supreme Court to take up the California decision - digs in for a fight. Alsup explained that the Department of Homeland Security's "decision to rescind DACA was based on a flawed legal premise". Garaufis linked to a September 5 from President Trump that read, "Congress now has 6 months to legalize DACA (something the Obama Administration was unable to do)".