Saturday, 24 February, 2018

2nd Judge Issues Ruling Blocking End of DACA Program, Immigration Debate Continues

Second judge blocks Trump from ending DACA Second Federal Judge Blocks Move to End DACA
Faye Gross | 14 February, 2018, 18:09

Judge Nicholas Garaufis said the feds have to keep processing renewal requests for undocumented immigrants who seek protection under the at-risk Deferred Action for Childhood Arrivals, just as they did before September 5, when the halt was first announced.

Judge Nicholas Garaufis, federal judge in Brooklyn, New York, said in his decision that the way the Trump government ended the DACA program was "capricious and arbitrary" and signed an order that prevents the government from eliminating it while decide the demand.

Garaufis' ruling is the second such setback for the Trump administration after a federal judge in California ruled last month that DACA's legal protections must remain in place while the case is adjudicated.

"This can create confusion", said Karen Tumlin, legal director of the National Immigration Law Center, who along with 17 state attorneys brought suit against the government.

Garaufis ruled in two lawsuits, one filed by an individual who had been a DACA recipient and one filed by a coalition of Democratic state attorneys general, led by the office of New York Attorney General Eric Schneiderman.

This is the second time that a federal judge has ruled against the administration's decision to end DACA, which affects some 700,000 people in the USA often referred to as "Dreamers". Government lawyers argue the size and importance of the program warrants an immediate and definitive ruling on DACA's termination.

"Now there are judges who have declared the illegality of Trump's decision from coast to coast", Schneiderman said in a statement.

South Korea's Moon hosts talks with North Korean leader's sister
As the first immediate member of the North's ruling family to visit South Korea, Kim was swarmed by the local news media. Blue House spokesman Kim Eui-kyeom cited Moon as replying: "Let's create the environment for that to be able to happen".


Tuesday's ruling follows a similar decision last month by a San Francisco-based district judge.

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.

Trump has encouraged Congress to codify the program legislatively, setting a March 5 deadline that a federal judge in California later blocked. Despite acknowledging the court's own sympathies towards those who were unable to apply for the program before then, "it can not say that plaintiffs have demonstrated either that these individuals would be irreparably harmed without injunctive relief or that the balance of equities favors these individuals to the same extent it favors existing DACA beneficiaries".

Garaufis, in a footnote, questioned whether Sessions' conclusion that the program was unconstitutional reflected the administration's position.

"DACA was implemented unilaterally after Congress declined to extend these benefits to this same group of illegal aliens".

The Department of Homeland Security has been accepting renewal applications since Alsup's order came down. If the high court accepts the case, a decision is unlikely until late spring.

The Justice Department has argued in court papers that DACA's halt was done in a rational, reasonable way with sufficient explanation.

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