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Brooklyn judge blocks Trump admin from ending DACA

February 13, 2018 By Paul Frangipane Brooklyn Daily Eagle
Plaintiff Dreamers and Attorney General Eric Schneiderman spoke outside Brooklyn’s federal court at the last court hearing for a preliminary injunction. Eagle file photo by Paul Frangipane

A Brooklyn federal judge on Tuesday impeded President Donald Trump’s decision to end a program that protects immigrants brought to the U.S. illegally as children from deportation, a ruling similar but more broad than a California judge’s previous decision to keep the program last month.

With a March 5 deadline to rescind the Deferred Action for Childhood Arrivals (DACA) program quickly approaching, Judge Nicholas Garaufis ruled it cannot end nationwide based on current arbitrary arguments proposed for its cease. The issue was brought to the judge when several DACA recipients, known as “Dreamers,” and 17 attorneys general led by New York AG Eric Schneiderman sued the federal government for the Sept. 5, 2017 decision to end the program.

Garaufis specifically ordered the government to process both initial requests for DACA status and renewals on the same terms put in place before Trump’s decision to “orderly wind down,” the Obama-era program. The judge also ruled that the administration could eventually rescind the program if it provided sound reasoning.

“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,” Garaufis wrote in the order. “Based on its review of the record before it, the court concludes that defendants have not done so.”

“Today’s federal court ruling is a victory for over 42,000 New York Dreamers and more than 700,000 Dreamers across the country,” Schneiderman said in a statement. “There is much more work ahead to permanently preserve DACA and protect the millions of American families, businesses, hospitals and universities that depend on Dreamers every day to succeed, but today is an important step forward in that fight.”

Roughly seven months into his term, Trump called for the program’s end saying it was unconstitutionally established by President Barack Obama in 2012. He then offered Congress to come up with a permanent solution by March.

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.

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