2nd federal decide orders Trump administration to just accept DACA renewals
Feb 14 2018
Garaufissaid his the order doesn't mean that any DACA applicant must be automatically granted an extension nor does it prevent the USA from revoking individual DACA recipients' deferred deportation status.
"This can create confusion", said Karen Tumlin, legal director of the National Immigration Law Center, who along with 17 state attorneys brought suit against the government.
Today, a federal judge granted Attorney General Schneiderman and his fellow Attorneys General's motion for a preliminary injunction to block President Trump's rescission of DACA.
The injunction forces the Department of Homeland Security (DHS), charged to oversee the program to continue to accept applications, which it had ceased to do in December.
Reportedly 87 percent of Americans want these protections, yet the president has ended DACA effective March 5. But on January 9, US District Judge William Alsup in San Francisco ordered the administration to partially revive the program and resume accepting renewal applications, finding that the challengers who sued over the rescission were likely to succeed in arguing that it was "arbitrary and capricious". "The Department of Homeland Security therefore acted within its lawful authority in deciding to wind down DACA in an orderly manner".
"The question before the court is thus not whether defendants could end the DACA program, but whether they offered legally adequate reasons for doing so", Garaufis wrote in the order. "The Executive Branch has wide discretion not to initiate or pursue specific enforcement actions".
But in the months following, Mr. Trump had also said he would consider extending the March 5 deadline. "If they can't, I will revisit this issue!" "We are also pleased that the Court made clear that United States Attorney General Sessions was wrong when he claimed DACA was illegal and that the DOJ was wrong to claim that any court has deemed DACA unconstitutional".
The judge said the Trump administration can still rescind the program in the future if it does it the right way.
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. DAPA would have provided similar protections from deportation to the undocumented parents of USA citizens and legal permanent residents. The court could announce as soon as Friday afternoon whether it will hearing the case.
"The federal government took the unusual step of seeking an immediate appeal to the supreme court and this Friday we will know if it accepts it or not", said the lawyer.
The legal battle over DACA complicates a debate now underway in Congress on whether to change the nation's immigration laws.