A federal judge in NY has ruled that the Trump administration can not end the Obama-era program created to protect from deportation young immigrants brought to the United States illegally as children.
With a March 5 deadline to rescind the Deferred Action for Childhood Arrivals (DACA) program quickly approaching, Judge Nicholas Garaufis ruled it can not end nationwide based on current arbitrary arguments proposed for its cease.
The total number of DREAMers who have received DACA protections over the five years of the program.
"Although the Government generally has a substantial interest in the speedy deportation of removable aliens ... the court finds that the Government's interest in ending the DACA problem is not so compelling", Garaufis wrote in his ruling. Minus a breakthrough, Dreamers' best hope will be for Plan Z, a one-year extension of their protected status, which right now seems like the most likely option. As of Tuesday, the justices were only scheduled to consider a request to overturn the injunction in the consolidated case out of California, according to Karen Tumlin, legal director for the National Immigration Law Center, one of the groups suing the administration over DACA. The U.S. Supreme Court is now considering whether to take up the Trump administration's appeal of that ruling.
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The judge also concluded that the program had to be continued beyond the scheduled end date next month, because it would have a deep negative impact on the lives of hundreds of thousands of younger immigrants who had been brought to the United States as children by their parents, and had lived productive and useful lives as they grew up.
"The Trump administration should be able to alter the policies and priorities set by its predecessor", Garaufis said.
"Federal courts from coast to coast have now reviewed the record and reached the same conclusion: President Trump's decision to rescind DACA was illegal", New York Attorney General Eric Schneiderman said.
After Tuesday's ruling, a US Department of Justice spokesman reaffirmed the administration's stance that former President Barack Obama unlawfully implemented the programme and it was therefore unconstitutional.
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