Published: Wed, February 14, 2018
World | By Melba Underwood

Another Court Just Told Trump To Keep DACA - For Now

Another Court Just Told Trump To Keep DACA - For Now

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. The judge's decision follows a similar ruling by a federal court in San Francisco last month.

Judge Garaufis is the second federal judge to rule Mr. Trump's aides bungled the phaseout, following a case in a federal court in California.

A federal judge in NY has ruled US President Donald Trump's administration didn't offer "legally adequate reasons" for ending a programme that spared many immigrants from deportation if they were brought to the US as children.

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 children, known as "Dreamers", to gain legal status rather than face possible deportation. The issue was brought to the judge when several DACA recipients, known as "Dreamers", and 17 attorneys general led by New York AG Eric Schneiderman sued the federal government for the September 5, 2017 decision to end the program.

The judge said the Trump administration can still rescind the program in the future if it does it the right way.

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

The decision is similar to a January 9 ruling by U.S. District Judge William Alsup in San Francisco that DACA must remain in place while litigation challenging Trump's decision continues. He said President Trump's termination of DACA was "arbitrary and capricious". 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.

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.

This ruling is rather odd on several fronts. He then offered Congress to come up with a permanent solution by March.

The agency had already begun to accept renewal applications under the first court order.

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