14 February, 2018
In a preliminary ruling, he ordered the government to keep processing DACA applications and renewal requests, echoing the January 9 ruling of a judge in San Francisco.
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.
A second United States judge on Tuesday blocked an order by President Donald Trump to end a program protecting from deportation migrants who had been brought illegally to the country as children. The judge ordered the administration to process DACA renewal applications on the same terms as had been in place before the president took his action. For one thing, the judge ruled that the Trump administration, "indisputably can end the DACA program".
"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", Garaufis wrote in the order. "The court concludes that defendants have not done so". He declined to extend the programme for new applicants.
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These two injunctions, plus heavy resistance from Democrats, could keep the program running past Trump's March 5 deadline. Created by the Obama administration through executive action in 2012, DACA now protects almost 700,000 Dreamers from deportation.
Garaufis, however, said the government was "erroneous" in its conclusion that DACA was unconstitutional and that it violated the Administrative Procedures and Immigration and Nationality acts.
Mr. Trump had said the program was illegal and announced the phaseout, saying it was up to Congress to come up with a more firm legal status for Dreamers. 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". But he followed that up by ruling that the government still had to accept renewal applications from people now in the program.