On Tuesday, a second U.S. judge blocked President Trump’s decision to end the program that protects immigrants brought to the United States illegally as children from deportation.
Judge Nicholas Garaufis in Brooklyn ruled that DACA, or the Deferred Action for Childhood Arrivals program, cannot end in March as Trump wanted. This is a victory for the state attorneys general and immigrants who sued the Republican administration. Judge Garaufis even used Trump’s own tweets as evidence that the DACA program was ended arbitrarily, pointing to President Trump’s claims that he could “revisit this issue” as proof that the program could be continued.
In late January, a ruling was issued by U.S. District Judge William Alsup in San Francisco that DACA must remain in place while litigation over Trump’s decision unfolds. Judge Alsup granted a request by California and other states to stop the administration from ending the Deferred Action for Childhood Arrivals program, until such time that all of the pending lawsuits can play out in court.
Judge Alsup’s ruling was a rejection of Attorney General Jeff Sessions’s argument that the administration would begin winding down the DACA program on March 5, 2018. Sessions defended this by saying that President Obama had gone beyond his legal authority in setting up DACA. Alsup called Sessions’s opinion incorrect and a “flawed legal premise.” He also went on to cite numerous actions by immigration authorities over the years to provide a temporary stay to groups of people who had otherwise violated immigration law.
In his ruling, Alsup wrote: “DACA was and remains a lawful exercise of authority.”
— BrahmResnik (@brahmresnik) February 13, 2018
This second ruling goes further than the first by effectively restoring DACA rather than just relegating the program to limbo while awaiting further litigation.