Judge Nicholas G. Garaufis of the U.S. District Court for the Eastern District of NY ruled the Trump administration has not offered legally adequate reasons to end the program which protects hundreds of thousands of children of undocumented immigrants from deportation.
U.S. District Judge Nicholas Garaufis in Brooklyn ruled that the Deferred Action for Childhood Arrivals programme, or DACA, can not end in March as the Republican administration had planned, a victory for Democratic state attorneys general and immigrants who sued the federal government.
In his ruling Tuesday, District Judge Nicholas G. Garaufis said the administration can "indisputably" end DACA but questioned its legal reasoning for doing so. Today, a second federal court has recognized that attempts by the Trump Administration to terminate the DACA program are illegal. "Based on its review of the record before it, the court concludes that defendants have not done so".
Trump and his Attorney General, Jeff Sessions, had sought to justify DACA's end by saying the program was illegal and they risked legal challenges by keeping it running. "Because that conclusion was erroneous, the decision to end the DACA program can not stand".
Amid the legal setback, Senate efforts to find a solution stalled Tuesday as party leaders squabbled over how to start proceedings. 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.More news: Luke Wilson, pro golfer Bill Haas injured in fatal auto crash
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.
Mr. Trump had set a March 5 phaseout data for the DACA program. He said President Trump's termination of DACA was "arbitrary and capricious".
The Justice Department said it maintains that the administration acted "within its lawful authority" in deciding to end DACA and will "vigorously defend this position". "Promoting and enforcing the rule of law is vital to protecting a nation, its borders, and its citizens".
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.