Second United States Judge Blocks Donald Trump's Order To End 'Dreamer' Program

Second Federal Judge Blocks Trump's Move to End DACA

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.

U.S. District Judge Nicholas Garaufis of the Eastern District of NY issued his own nationwide stay to the attempt last September to wind down the program aimed at protecting immigrants that arrived as youth. However, the administration did not provide "legally adequate reasons for doing so". Seventeen Democratic state attorneys general brought the case challenging the administration's termination of DACA.

Garaufis' ruling in favor of Dreamers and a coalition of attorneys general led by New York Attorney General Eric Schneiderman is the latest twist in the status of DACA.

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.

In September, Trump said he was scrapping the DACA program but delayed enforcement to give Congress six months until March to craft a lasting solution for the program recipients, informally known as "Dreamers". The order does, however, add another federal judge's decision into the mix ahead of the U.S. Supreme Court's review of whether to take up review of a previous injunction issued out of the U.S. District Court for the Northern District of California late past year.


First, the administration has argued on a legal basis that DACA was unconstitutional and violated both the Administrative Procedure Act and the Immigration and Nationality Act. The DREAM Act - Development, Relief and Education for Alien Minors - was legislation that offered numerous same protections as the Deferred Action for Childhood Arrivals administrative program but never passed Congress. 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. If Congress doesn't come up with an agreement to preserve the program, the administration has said, it doesn't expect to extend the March 5 deadline for DACA protections to expire.

Following that decision, the Trump administration called on the Supreme Court to review the case.

"The federal government took the unusual step of seeking an immediate appeal to the supreme court and this Friday we will know if it accepts it or not", said the lawyer. "The Justice Department argues that DACA was an illegal overreach by the Obama White House, and was likely to be overturned in court".

The legal battle over DACA complicates a debate now underway in Congress on whether to change the nation's immigration laws.

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