Second Federal Justice Obstructs Trump Revoking DACA

Second Federal Justice Obstructs Trump Revoking DACA

Judge Nicholas Garaufis, a former President Bill Clinton appointee on the U.S. District Court for the Eastern District of NY, concluded the government violated the Administrative Procedure Act (APA) when it ended the program.

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.

In a tweet Tuesday, Mr. Trump asserted that Democrats and Republicans must act now to provide legal protections to young "Dreamer" immigrants in the USA illegally. The judge's decision follows a similar ruling by a federal court in San Francisco last month.

In his ruling Tuesday, District Judge Nicholas G. Garaufis said the administration can "indisputably" end DACA but questioned its legal reasoning for doing so.

US District Judge Nicholas Garaufis in NY ruled that Trump's decision to end the Obama-era program was based in part on the "plainly incorrect factual premise" that it was illegal.

Joel Rose, National Desk Correspondent at the NY bureau of National Public Radio reported that, "Garaufis said the administration can rescind DACA".


The program's March 5 expiration date is not set in concrete, however - a San Francisco judge's injunction has at least temporarily blocked removal of DACA protections ordered by Trump late a year ago. Second, this "erroneous conclusion" relied on the findings in the courts that DACA's sister program, Deferred Action for Parents of Americans and Lawful Permanent Residents, was legally unsustainable.

"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", said New York Attorney General Eric Schneiderman, one of the plaintiffs, in a statement.

There are approximately 700,000 DACA beneficiaries, though the administration is not required to process new applications. The U.S. Supreme Court is now considering whether to take up the Trump administration's appeal of that ruling.

A spokesman for the Justice Department, Devin O'Malley, said the administration will hold to its argument that DACA as implemented by the Obama administration was an "unlawful circumvention of Congress".

Following that decision, the Trump administration called on the Supreme Court to review the case. They said it was more humane to do a six-month phaseout than to have a court end the program abruptly. "The Justice Department argues that DACA was an illegal overreach by the Obama White House, and was likely to be overturned in court". "Promoting and enforcing the rule of law is vital to protecting a nation, its borders, and its citizens".

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