Trump's move to end DACA program blocked by second United States judge
18:49, Feb 14, 2018
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Judge Nicholas Garaufis, a former President Bill Clinton appointee on the U.S. District Court for the Eastern District of NY, concluded the government violated the Administrative Procedure Act (APA) when it ended the program. The judge also ruled that the administration could eventually rescind the program if it provided sound reasoning.
"First, the decision to end the DACA program appears to rest exclusively on a legal conclusion that the program was unconstitutional and violated the [Administrative Procedure Act] and [Immigration and Nationality Act]", Garaufis wrote.
A federal judge in NY has ruled US President Donald Trump's administration didn't offer "legally adequate reasons" for ending the DACA programme.
Congress is trying to pass legislation before the DACA program ends March 5, when about 1,000 participants a day will begin losing deportation protections and work permits, making them vulnerable to deportation. "Based on its review of the record before it, the court concludes that defendants have not done so".
In revoking DACA a year ago, Attorney General Jeff Sessions and acting Homeland Security Secretary Elaine Duke said they were facing the threat of a lawsuit and doubted they could legally defend the program.
"It's not just an ad hoc comment that was overheard on an open mic", the judge said.
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Under the judge's order, the government is required to continue processing DACA renewal requests for people who already are enrolled in the program and those whose enrollment lapsed before September 5, 2017.
Roughly seven months into his term, Trump called for the program's end saying it was unconstitutionally established by President Barack Obama in 2012. "As such, it was an unlawful circumvention of Congress", the Justice Department said in a statement.
"The Justice Department will continue to vigorously defend this position, and looks forward to vindicating its position in further litigation", O'Malley said.
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