Judge blocks Trump administration plan to roll back DACA

A federal judge in California late Tuesday temporarily blocked the Trump administration's efforts to end the Deferred...

Posted: Jan 10, 2018 2:39 PM
Updated: Jan 10, 2018 2:39 PM

A federal judge in California late Tuesday temporarily blocked the Trump administration's efforts to end the Deferred Action for Childhood Arrivals program.

Judge William Alsup also said the administration must resume receiving DACA renewal applications.

The fate of the roughly 700,000 "Dreamers" is the subject of heated talks in Washington

It is not clear how the judge's ruling will impact those negotiations

But the ruling is limited -- the administration does not need to process applications for those who have never before received DACA protections, he said.

The Trump administration announced the move to draw down the program last September with a planned end for early March. DACA protected young undocumented immigrants who came to the US as children from deportation.

RELATED: What is DACA and why is it ending?

The fate of DACA and the roughly 700,000 "Dreamers" is the subject of heated negotiations in Washington, where President Donald Trump, Republicans and Democrats are searching for a way to allow Dreamers to stay while also addressing border security concerns. It is not clear how the order will impact those talks.

The White House on Wednesday morning called the decision "outrageous."

"An issue of this magnitude must go through the normal legislative process. President Trump is committed to the rule of law, and will work with members of both parties to reach a permanent solution that corrects the unconstitutional actions taken by the last administration," White House press secretary Sarah Sanders said in a statement.

Trump, himself, blasted the decision on Twitter.

"It just shows everyone how broken and unfair our Court System is when the opposing side in a case (such as DACA) always runs to the 9th Circuit and almost always wins before being reversed by higher courts," he tweeted. The Ninth US Circuit Court of Appeals, which has blocked several versions of Trump's travel ban and is considered a more liberal court, would hear a potential appeal to Alsup's decision.

The ruling came in a challenge to the Department of Homeland Security brought by the University of California and others.

In his 49-page ruling, Alsup said "plaintiffs have shown that they are likely to succeed on the merits of their claim that the rescission was arbitrary and capricious" and must be set aside under the federal Administrative Procedures Act.

The judge said a nationwide injunction was "appropriate" because "our country has a strong interest in the uniform application of immigration law and policy."

"Plaintiffs have established injury that reaches beyond the geographical bounds of the Northern District of California. The problem affects every state and territory of the United States," he wrote.

In response to the ruling, the Department of Justice questioned the legality of DACA, calling it "an unlawful circumvention of Congress." DOJ spokesman Devin O'Malley said that DHS "acted within its lawful authority in deciding to wind down DACA in an orderly manner" and implied that the legal battles aren't over yet.

"The Justice Department will continue to vigorously defend this position, and looks forward to vindicating its position in further litigation," O'Malley said.

'A huge step in the right direction'

California's Attorney General Xavier Becerra hailed the ruling as a "a huge step in the right direction" in a statement. A coalition of attorneys general, including Becerra had also filed suit against the federal government over ending DACA, maintaining that it would cause "irreparable harm to DACA recipients."

In contrast, Mark Kirkorian, the executive director of Center for Immigration Studies, a think tank that advocates for lower immigration, described the ruling as "our lawless judiciary" in a tweet.

The plaintiff, the University of California said in a statement it was "pleased and encouraged" by the judge's ruling, which would allow DACA recipients to stay in the US as the lawsuits make their way through the courts.

"Unfortunately, even with this decision, fear and uncertainty persist for DACA recipients," said Janet Napolitano, president of the UC school system and was the Secretary of Homeland Security in 2012 who established DACA.

While the ruling that orders DACA renewals is "a sigh of relief," it's a fleeting one, said Karen Tumlin, legal director of the National Immigration Law Center, which advocates for rights of immigrants.

"It is important to remember, however, this is temporary relief by a single federal district court judge, it should not take the pressure off of Congress to do the right thing and enact a permanent solution for these young people."

Lawmakers are racing toward a January 19 deadline for government funding and a host of issues, including DACA are tied to the negotiations.

"Dreamers deserve permanence they can count on, not legal thrillers. Congress needs to bring that home," tweeted Tumlin.

Mississippi Coronavirus Cases

Data is updated nightly.

Confirmed Cases: 113876

Reported Deaths: 3238
CountyConfirmedDeaths
Hinds7894177
DeSoto693279
Harrison512983
Jackson450384
Rankin389486
Madison381293
Lee351479
Forrest300778
Jones289184
Washington256499
Lafayette248343
Lauderdale2437134
Lamar224238
Oktibbeha200854
Bolivar200477
Neshoba1842111
Lowndes178362
Panola169139
Leflore165887
Sunflower160949
Warren154355
Monroe148172
Pontotoc146119
Marshall141229
Lincoln138957
Pike138256
Copiah136936
Coahoma124936
Scott124929
Yazoo121733
Grenada121638
Simpson121249
Union117425
Tate116039
Leake114640
Holmes114460
Pearl River112959
Itawamba112225
Adams107343
Prentiss104819
Wayne100821
Alcorn98712
George97918
Covington97026
Marion94642
Tippah88922
Newton85627
Chickasaw84026
Tallahatchie84025
Winston83321
Hancock81628
Tishomingo80041
Attala79026
Clarke74351
Clay68421
Jasper67917
Walthall63827
Calhoun62212
Noxubee59617
Smith59116
Montgomery54323
Claiborne53716
Tunica52917
Yalobusha52614
Lawrence51214
Perry48723
Carroll48012
Greene47318
Stone46414
Humphreys42816
Amite42113
Quitman4196
Jefferson Davis40511
Webster37013
Wilkinson33720
Benton3335
Kemper32215
Sharkey28314
Jefferson27510
Franklin2403
Choctaw2056
Issaquena1074
Unassigned00

Alabama Coronavirus Cases

Confirmed Cases: 155915

Reported Deaths: 2674
CountyConfirmedDeaths
Jefferson22988375
Mobile16788315
Tuscaloosa10235140
Montgomery9978197
Madison922894
Shelby727463
Baldwin661569
Lee651765
Marshall437249
Calhoun422461
Etowah421450
Morgan407135
Houston371734
DeKalb336029
Elmore317353
St. Clair289142
Limestone279730
Walker275593
Talladega263635
Cullman239925
Lauderdale218042
Jackson212515
Franklin203231
Autauga203030
Colbert198731
Russell19283
Blount191125
Dallas186327
Chilton185832
Coffee173211
Escambia172230
Covington171429
Dale166551
Chambers134343
Clarke133617
Pike132713
Tallapoosa131387
Marion107129
Barbour10129
Butler100240
Marengo100222
Winston91913
Geneva8617
Lawrence83732
Pickens83618
Bibb82514
Randolph82016
Hale75830
Clay73612
Washington73412
Cherokee73114
Lowndes70428
Monroe64510
Henry6436
Bullock63917
Crenshaw60330
Perry5856
Fayette56913
Wilcox56412
Conecuh56013
Cleburne5518
Macon53020
Lamar4745
Sumter47221
Choctaw39012
Greene34216
Coosa2033
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