Brooklyn judge blocks Trump admin from ending DACA

Second judge blocks Trump from ending DACA

Second judge blocks Trump from ending DACA

By Tuesday, Senate floor action was gummed up by procedural hurdles, as both parties failed to agree on the opening amendments to debate. We are also pleased that the Court made clear that United States Attorney General Sessions was wrong when he claimed DACA was illegal and that the DOJ was wrong to claim that any court has deemed DACA unconstitutional.

The key to the state AG case is that the Trump administration's attempts to end DACA are procedurally flawed. In agreeing to the injunction, he noted that the issue was the way it appears to have been done.

Garaufis said the authority for his ruling stems from the Administrative Procedure Act, which lets parties harmed by federal agencies get judicial review of agency decisions when they are arbitrary, capricious, an abuse of discretion or do not follow the law. "He also indicated that the government has repeatedly changed its reasons for suspending the program ... the magistrate's decision indicates that they cannot remove the status of hundreds of thousands of people without legal justification".

After the decision, Mr. Schneiderman said in a statement that the judge had affirmed the states' position. "The Justice Department argues that DACA was an illegal overreach by the Obama White House, and was likely to be overturned in court". The latest ruling again orders the administration to process renewal applications from existing DACA recipients, but stops short of ordering the administration to accept new applications from individuals who hadn't been part of the program before.

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Garaufis said "every modern presidential administration" has created programmes that have shielded certain aliens from deportation. All three government branches are firmly entrenched in a fight over undocumented immigrants who were brought to the U.S.as minors, and hundreds of thousands of lives hang in the balance.

The Trump administration announced last September that they would be ending the program, which now affects approximately 700,000 people brought illegally to the U.S.as children, in March.

The Supreme Court is expected to consider this week whether to take up the administration's appeal of the separate ruling by Judge William Alsup in California, according to news reports.

A spokesman for the Justice Department, Devin O'Malley, said the administration will hold to its argument that DACA as implemented by the Obama administration was an "unlawful circumvention of Congress". He said the administration would not ask Congress to set a later date to give bargainers more time to reach a bipartisan deal, but said the government would not start deporting "Dreamers" who don't have criminal records.

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