Democrats and some Republicans say they want to help the 'Dreamers, ' young immigrants who have lived in the United States illegally since they were children and have only temporarily been protected from deportation by an Obama-era programme.
The ruling stems from a lawsuit filed by AG Healey and a coalition of 16 other attorneys general in the U.S. District Court for the Eastern District of NY in September 2017 to defend the DACA program.
On Jan. 13, four days after a federal judge in San Francisco issued an injunction blocking the Trump's attempt to end the program, U.S. Citizenship and Immigration Services began accepting renewal applications from people approved for the Obama-era program.
Garaufis said his the order doesn't mean that any DACA applicant must be automatically granted an extension nor does it prevent the us from revoking individual DACA recipients' deferred deportation status. The record doesn't support this argument, Garaufis found, and would be likewise arbitrary and capricious " in light of defendants' failure to explain their decision or to consider any factors that might have weighed against ending the DACA program".
Judge Garaufis is the second federal judge to rule Mr. Trump's aides bungled the phaseout, following a case in a federal court in California.
Despite the pushback, however, the Justice Department says that it will "vigorously defend this position" and argues that the Trump administration acted "within its lawful authority" when it chose to end DACA.
CBP and ICE are two of the three primary federal immigration agencies, part of the sprawling Department of Homeland Security. "If they can't, I will revisit this issue!"
The most recent decision reinforces the case against the elimination of DACA, djio Tumlin, on the eve of the decision that the Supreme Court of the Nation must make this Friday in an appeal that the government made after the January decision.
"DACA was implemented unilaterally after Congress declined to extend these benefits to this same group of illegal aliens". As Mother Jones has written, the Trump administration has taken the rare step of appealing Alsup's decision straight to the Supreme Court.
There are approximately 700,000 DACA beneficiaries, though the administration is not required to process new applications.
Today, a second federal court has recognized that attempts by the Trump Administration to terminate the DACA program are illegal.