A second federal judge has ordered the Trump administration to accept renewal applications from DACA recipients, ruling Tuesday that the government improperly terminated the program offering protections from deportation to young undocumented immigrants brought to the U.S.as children.
Judge Nicholas G. Garaufis of the US District Court for the Eastern District of NY issued an injunction barring the Trump administration's plans to end the program on Tuesday. For one thing, the judge ruled that the Trump administration, "indisputably can end the DACA program". "Based on its review of the record before it, the court concludes that defendants have not done so".
I am proud to lead a coalition of 17 state attorneys general who have been fighting in court since September to protect Dreamers and preserve this vital program. But Garaufis called that reasoning a "plainly incorrect factual premise".
Amid the legal setback, Senate efforts to find a solution stalled Tuesday as party leaders squabbled over how to start proceedings.
Trump past year announced his plan to end DACA, the policy that allowed undocumented immigrants brought to the USA as children to stay in the country, effective March 5.
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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.
These two injunctions, plus heavy resistance from Democrats, could keep the program running past Trump's March 5 deadline.
Trump's attorney general has said then-President Barack Obama's decision to implement DACA was an unconstitutional exercise of authority.
"The Justice Department will continue to vigorously defend this position, and looks forward to vindicating its position in further litigation", O'Malley said.
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. Created by the Obama administration through executive action in 2012, DACA now protects almost 700,000 Dreamers from deportation.