AG Schneiderman: Federal Court Ruling Grants Preliminary Injunction in DACA Case

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A Brooklyn federal judge on Tuesday impeded President Donald Trump's decision to end a program that protects immigrants brought to the USA illegally as children from deportation, a ruling similar but more broad than a California judge's previous decision to keep the program last month.

The order from federal District Court Judge Nicholas G. Garaufis in NY comes as Congress debates legislation that would allow up to 1.8 million undocumented immigrants brought to the U.S.as children, known as "Dreamers", to gain legal status rather than face possible deportation.

U.S. District Judge Nicholas Garaufis in NY ruled Tuesday that the government hasn't offered legally adequate reasons for ending the program, known as Deferred Action for Childhood Arrivals - or DACA.

Under the judge's order, the government is required to continue processing DACA renewal requests for people who already are enrolled in the program and those whose enrollment lapsed before September 5, 2017.

"[The Trump administration] indisputably can end the DACA program", Garaufis wrote. Alsup explained that the Department of Homeland Security's "decision to rescind DACA was based on a flawed legal premise".

Both district court rulings require DHS to accept applications from DACA recipients whose protections are expiring, as well as those whose two-year work permits have already expired.

Instead, his decision holds that the administration likely violated a federal statute known as the Administrative Procedure Act by winding down DACA in an "arbitrary and capricious" manner. "I hope that's the choice they'll make".

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The judge said the Trump administration can still rescind the program in the future if it does it the right way. DAPA would have provided similar protections from deportation to the undocumented parents of United States citizens and legal permanent residents.

Following that decision, the Trump administration called on the Supreme Court to review the case. "As such, it was an unlawful circumvention of Congress, and was susceptible to the same legal challenges that effectively ended DAPA", O'Malley said.

The Trump administration argued that the California injunction means that DACA recipients are not facing imminent harm.

The Supreme Court is scheduled to conference later this week on the Trump administration's request that it be allowed to bypass the appellate circuit and have the nation's highest court take up its argument against Alsup's injunction.

New York Attorney General Eric Schneiderman welcomed the decision and added that today's ruling is added to the one a month ago by the California attorney in a lawsuit filed in San Francisco.

There are approximately 700,000 DACA beneficiaries, though the administration is not required to process new applications.

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