Court orders restoration of DACA program

Ting Shen  ZUMA

Judge Nicholas G. Garaufis of the US District Court for the Eastern District of NY ruled that DACA participants and states are likely to succeed in their challenge that the way President Donald Trump terminated the Obama-era program was arbitrary and capricious.

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 U.S.as children, known as "Dreamers", to gain legal status rather than face possible deportation.

"Plaintiffs have extensively documented the irreparable harms they will suffer if the DACA program ends", the judge said, noting that some 1,400 DACA recipients would lose important protections and work authorizations each day, beginning March 5.

Joel Rose, National Desk Correspondent at the NY bureau of National Public Radio reported that, "Garaufis said the administration can rescind DACA".

NY federal court has adjudged that the president Trump administration can't cease the Obama era plan dedicated to protect exiling young migrants brought in the United States.

Garaufis' 55-page ruling issued the same type of preliminary injunction that was already granted by a San Francisco federal in January on the Deferred Action for Childhood Arrivals program. Government lawyers argue the size and importance of the program warrants an immediate and definitive ruling on DACA's termination.

"Reliance on this "litigation risk" rationale would have been arbitrary and capricious, in light of defendants' failure to explain their decision or to consider any factors that might have weighed against ending the DACA program", he said.

This week the Supreme Court is set to meet behind closed doors to discuss whether to take up the Trump administration's appeal of the related case.

Lawmakers have until a Trump-mandated March 5 deadline to find a replacement. Susanna Evarts, of the Immigrant Rights Clinic at Yale Law School, said the judge determined that the way the Trump government ended DACA was "arbitrary and capricious".

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

The Department of Homeland Security has been accepting renewal applications since Alsup's order came down. 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.

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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