Second Federal Judge Blocks Move to End DACA

People protest for immigration reform that will allow DACA recipients a path to citizenry through the Dream Act which has been in legislative debate since 2011. Los Angeles Jan. 22 2018

Second judge blocks Trump from ending DACA

The ruling stems from a lawsuit filed by AG Healey and a coalition of 16 other attorneys general in the U.S. District Court for the Eastern District of NY in September 2017 to defend the DACA program. The judge's decision follows a similar ruling by a federal court in San Francisco last month. The judge also ruled that the administration could eventually rescind the program if it provided sound reasoning.

The ruling by U.S. District Judge Nicholas Garaufis in Brooklyn is the second court ruling blocking the administration's September order rescinding the program known as Deferred Action for Childhood Arrivals.

Judge Nicholas G. Garaufis of the U.S. District Court for the Eastern District of NY ruled the Trump administration has not offered legally adequate reasons to end the program which protects hundreds of thousands of children of undocumented immigrants from deportation.

"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.

The judge ordered Trump's administration to allow people already in the DACA programme to continue enjoying protections. Unfortunately, unless and until an appeal can be pushed through to the Supreme Court or Congress passes a law rendering the current DACA prgram moot, the White House will probably have to abide by this ruling.

"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.

Trump's attorney general has said then-President Barack Obama's decision to implement DACA was an unconstitutional exercise of authority. They said it was more humane to do a six-month phaseout than to have a court end the program abruptly. But he followed that up by ruling that the government still had to accept renewal applications from people now in the program.

The Coalition for Humane Immigrant Rights of Los Angeles (CHIRLA) has been running sign-up drives several times a week since Judge Alsup's first ruling, and said people have lined up for help to renew their permits.

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