The decision adds a second layer of judicial impediment to efforts by the administration to bring those same protections to a halt. The ruling means DACA recipients can renew their status, but the administration will not have to hold the program open to those who never applied. The judge's decision follows a similar ruling by a federal court in San Francisco last month.
"It is not clear how the President would "revisit" the decision to rescind the DACA program if the DACA program were, as the Attorney General has stated, 'an unconstitutional exercise of authority by the Executive Branch, '" Garaufis wrote.
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President Donald Trump moved a year ago to end the Deferred Action for Childhood Arrivals (DACA) program, telling Congress to find a legislative fix for "Dreamers" who were plunged into legal limbo by his decision.
"Today's ruling shows that courts across the country agree that Trump's termination of DACA was not just immoral, but unlawful as well", said Karen Tumlin of the National Immigration Law Center.
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She told the New York Times Weinstein tried to push her down and shove himself on top of her and attempted to expose himself. The lawsuit presents an obstacle for ex-Obama administration official Maria Contreras-Sweet's bid for the company.
In revoking DACA past year, Attorney General Jeff Sessions and acting Homeland Security Secretary Elaine Duke said they were facing the threat of a lawsuit and doubted they could legally defend the program. "The Justice Department argues that DACA was an illegal overreach by the Obama White House, and was likely to be overturned in court". He's also been making DACA related headlines prior to this, chastising people who support the end of the program and being quoted as saying, "You can't come into court to espouse a position that is heartless". The DREAM Act - Development, Relief and Education for Alien Minors - was legislation that offered numerous same protections as the Deferred Action for Childhood Arrivals administrative program but never passed Congress.
Ahead of his ruling Tuesday, Garaufis acknowledged it would be best if elected officials - rather than judges - settled on a solution for DACA.
The justices are weighing that request. As such, the Alsup and Garaufis orders may only remain in effect for a few more days.
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"DACA was implemented unilaterally after Congress declined to extend these benefits to this same group of illegal aliens. As such, it was an unlawful circumvention of Congress, and was susceptible to the same legal challenges that effectively ended DAPA", O'Malley said.