Second federal judge blocks move to end DACA

A second federal judge Tuesday has temporarily blocked the Trump administration from ending the Deferred Action for C...

Posted: Feb 14, 2018 8:03 AM
Updated: Feb 14, 2018 8:03 AM

A second federal judge Tuesday has temporarily blocked the Trump administration from ending the Deferred Action for Childhood Arrivals program.

Judge Nicholas G. Garaufis of the US District Court for the Eastern District of New York 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.

Trump last year announced his plan to end DACA, the policy that allowed undocumented immigrants brought to the US as children to stay in the country, effective March 5. That deadline has become central in the congressional debate over immigration, but Democrats and Republicans are nowhere near a breakthrough.

Tuesday's ruling, combined with a ruling from a California judge last month, means the program could end up going beyond the March 5 date.

"Defendants indisputably can end the DACA program," Garaufis wrote, referring to the Trump administration. "The question before the court is thus not whether defendants could end the DACA program, but whether they offered legally adequate reasons for doing so. Based on its review of the record before it, the court concludes that defendants have not done so."

The judge said that the decision to end the program was based in part on the "plainly incorrect factual premise" that the program was illegal.

"Today's ruling shows that courts across the country agree that Trump's termination of DACA was not just immoral, but unlawful as well," said Karen Tumlin of the National Immigration Law Center.

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.

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."

"DACA was implemented unilaterally after Congress declined to extend these benefits to this same group of illegal aliens. As such, it was an unlawful circumvention of Congress," the Justice Department said in a statement. "Promoting and enforcing the rule of law is vital to protecting a nation, its borders, and its citizens."

Impact on immigration negotiations

Sen. Thom Tillis, R-North Carolina, urged lawmakers to "focus" on March 5, despite the two district court rulings blocking the DACA drawdown, but acknowledged there will be more time.

"We should still focus on the March 5 date," Tillis said on Fox News Tuesday afternoon. "The reality is, unless there's any action by the Supreme Court, looks like we have some number of weeks following March 5 to solve the problem."

Judge brought up "Norway" comments

In fiery oral arguments last month, Garaufis gave a blistering critique of what he called the President's "recurring, redundant drumbeat of anti-Latino commentary."

"It's not just an ad hoc comment that was overheard on an open mic," the judge said. "It's not just that somebody at INS said something derogatory about Mexicans. This came from the top."

Garaufis was responding to a question regarding Trump's comments in a closed-door meeting with senators in which the President asked why people from Haiti and more Africans were wanted in the US and added that the US should get more people from countries like Norway.

Mississippi Coronavirus Cases

Data is updated nightly.

Confirmed Cases: 16769

Reported Deaths: 803
CountyConfirmedDeaths
Hinds110426
Madison77829
Lauderdale76569
Neshoba73945
Jones70933
Scott66312
Forrest60039
DeSoto59310
Rankin4639
Leake45512
Holmes44431
Copiah3344
Jackson31415
Attala31218
Yazoo2985
Newton2924
Oktibbeha28314
Leflore28238
Lincoln28131
Wayne2803
Monroe26925
Harrison2687
Lamar2525
Lowndes2529
Pearl River21231
Pike20411
Adams20416
Warren19910
Washington1998
Lee1978
Noxubee1956
Covington1832
Bolivar16911
Jasper1684
Clarke15619
Smith15611
Lafayette1564
Kemper15611
Chickasaw14314
Coahoma1324
Clay1254
Winston1241
Carroll11911
Marion1169
Claiborne1165
Yalobusha1116
Grenada1104
Lawrence1071
Simpson1050
Sunflower963
Tate931
Hancock9012
Marshall893
Union897
Itawamba897
Webster885
Panola873
Wilkinson859
Montgomery841
Jefferson Davis823
Tippah7611
Calhoun684
Walthall670
Amite651
Humphreys647
Tunica583
Prentiss533
Choctaw522
Perry513
Pontotoc493
Jefferson421
Tishomingo360
Stone320
Quitman320
Tallahatchie311
Greene301
George302
Franklin292
Alcorn191
Benton140
Sharkey70
Unassigned00

Alabama Coronavirus Cases

Confirmed Cases: 19387

Reported Deaths: 676
CountyConfirmedDeaths
Mobile2341123
Jefferson1927105
Montgomery190544
Tuscaloosa85316
Marshall7149
Franklin5939
Lee56334
Shelby53619
Tallapoosa43566
Butler43121
Walker3973
Elmore38110
Chambers36326
Madison3594
Unassigned3144
Morgan3141
Baldwin2969
Dallas2963
Lowndes26912
Etowah26512
DeKalb2603
Autauga2485
Coffee2401
Sumter2369
Houston2275
Pike2231
Bullock2197
Colbert1972
Hale19210
Russell1870
Barbour1831
Marengo1796
Lauderdale1752
Calhoun1693
Cullman1631
Wilcox1587
Choctaw15310
Clarke1492
St. Clair1372
Randolph1288
Dale1250
Marion12511
Talladega1215
Pickens1215
Limestone1100
Chilton1081
Greene955
Macon944
Winston920
Jackson863
Henry842
Covington831
Crenshaw803
Escambia793
Bibb761
Washington746
Blount641
Lawrence510
Monroe492
Geneva450
Perry430
Conecuh421
Coosa401
Cherokee383
Clay282
Lamar280
Fayette160
Cleburne151
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