Se­cond judge rules against Trump ad­min­is­tra­tion on end­ing DACA

Iran Daily - - International -

A se­cond fed­eral judge ruled that the Trump ad­min­is­tra­tion must al­low ben­e­fi­cia­ries of a pro­gram for child­hood im­mi­grants to the United States to con­tinue ap­ply­ing for pro­tected sta­tus.

In a na­tion­wide in­junc­tion, US District Judge Ni­cholas Ga­rau­fis or­dered the ad­min­is­tra­tion to con­tinue ac­cept­ing re­newal ap­pli­ca­tions for De­ferred Ac­tion for Child­hood Ar­rivals (DACA), par­tially thwart­ing Pres­i­dent Don­ald Trump’s plan to sun­set the pro­gram, The In­de­pen­dent wrote.

Trump an­nounced his in­tent to roll back DACA, which pro­tects nearly 800,000 young peo­ple from de­por­ta­tion, in early Septem­ber.

At the time, the ad­min­is­tra­tion said it would briefly ac­cept re­newal re­quests from im­mi­grants whose sta­tus ex­pired within the next six months. It stopped ac­cept­ing re­newal ap­pli­ca­tions al­to­gether in De­cem­ber.

But Ga­rau­fis ruled that the ad­min­is­tra­tion had failed to pro­vide “legally ad­e­quate” rea­sons for end­ing the pro­gram. The ad­min­is­tra­tion’s rea­son­ing, he wrote, was based on the idea that the DACA pro­gram — in­sti­tuted by for­mer Pres­i­dent Barack Obama in 2012 — was un­con­sti­tu­tional. This ar­gu­ment, Ga­rau­fis said, was “er­ro­neous”.

The judge also called the ad­min­is­tra­tion’s ar­gu­ments “in­ter­nally con­tra­dic­tory,” and said they were based, in part, on a “plainly in­cor­rect fac­tual premise”.

“De­fen­dants must thus con­tinue pro­cess­ing DACA re­newal re­quests un­der the same terms and con­di­tions that ap­plied be­fore Septem­ber 5, 2017,” Ga­rau­fis wrote.

The ad­min­is­tra­tion will not have to ac­cept new ap­pli­ca­tions for the pro­gram, but will have to con­tinue ac­cept­ing re­newals.

The rul­ing echoes that of US District Judge William Al­sup in San Fran­cisco, who or­dered the ad­min­is­tra­tion to re­sume ac­cept­ing re­newal ap­pli­ca­tions in Jan­uary. Tues­day’s de­ci­sion does not ex­pand on this rul­ing, but adds weight to DACA ad­vo­cates’ po­si­tion in what will likely be a Supreme Court bat­tle over the pro­gram.

Af­ter 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”.

He added: “Pro­mot­ing and en­forc­ing the rule of law is vi­tal to pro­tect­ing a na­tion, its bor­ders, and its cit­i­zens. The Jus­tice Depart­ment will con­tinue to vig­or­ously de­fend this po­si­tion, and looks for­ward to vin­di­cat­ing its po­si­tion in fur­ther lit­i­ga­tion.”


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