Second US judge blocks Trump administration from ending DACA program

"Because that conclusion was erroneous, the decision to end the DACA program can not stand", he said.

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 NY 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.

The Supreme Court on Friday is due to consider whether to take up the administration's appeal of the San Francisco ruling. But it also offered additional reasons why DACA should remain in place as the case continues through the courts, and it detailed the harms that its repeal would cause to young immigrants and others. The decision adds little new relief for defendants or similarly situated young immigrants who face uncertainty about previous protections. "Federal courts from coast to coast have now reviewed the record and reached the same conclusion", Schneiderman said.

19-year-old Abigail Gayosso, right, of Phoenix, holds on to her Deferred Action for Childhood Arrivals renewal application while asking program coordinator Vianey Perez a question January 24, 2018, at the Arizona Dream Act Coalition in Phoenix. Yet Garaufis' decision failed to achieve one of the big goals of the plaintiffs: forcing the Trump administration to process new applications for those who would have become eligible since the September 5 recision memo was announced.

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"Today's ruling reflects. the illegality of the Trump administration's move to rescind DACA".

After Mr Alsup's decision last month, Justice Department spokesman Devin O'Malley said the administration had "acted within its lawful authority in deciding to wind down DACA in an orderly manner". "Promoting and enforcing the rule of law is vital to protecting a nation, its borders, and its citizens". This argument, Mr Garaufis said, was "erroneous". Employers will be hurt as DACA recipients lose their jobs, Garaufis added, "resulting in staggering adverse economic impacts" that could include up to $800 million in lost tax revenue.

That makes the court decision more consequential for the roughly 800,000 undocumented immigrants now in the DACA program.

"Defendants indisputably can end the DACA program", Garaufis wrote, referring to the Trump administration. Despite acknowledging the court's own sympathies towards those who were unable to apply for the program before then, "it can not say that plaintiffs have demonstrated either that these individuals would be irreparably harmed without injunctive relief or that the balance of equities favors these individuals to the same extent it favors existing DACA beneficiaries". In fact, he added, the government had showed "a failure to explain their decision" at all.

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