A Federal Judge in New York ruled Tuesday that the Government must Fully Restart the Obama-era DACA Deportation Amnesty and Accept Brand New Applicants as well as Renewals, throwing a potential wrench in the ongoing Debate over the Fate of “Dreamers” on Capitol Hill.
Judge Nicholas G. Garaufis said the Administration does have the Power to Revoke DACA, but it must give a sound reason for doing so, and the Homeland Security Department’s September 2017 Rationale fell far short of what is required in that regard. He even used Trump’s own Tweets as evidence that the DACA Program was ended precipitously, pointing to President Trumps’s claims that he could “Revisit this Issue” as Proof the Program could have been Continued.
Judge Garaufis is the Second Federal Judge to Rule Trump’s Aides bungled the Phase-Out, but his Decision is the most wide-ranging, Ordering the Government to not only allow those already in the Program to Renew their Applications but also Ordering the Government to accept New Applications. “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,” wrote Judge Garaufis, a Clinton Appointee to the Court in New York. “Based on its review of the record before it, the court concludes that defendants have not done so.” The Judge said the Trump Administration can still Rescind the Program in the Future if it does it the Right Way. And he said the Administration doesn’t have to Approve any Specific DACA Applications. But it must begin to Process Applications again.
The earlier Ruling by Judge William Alsup in California is already being Appealed by the Justice Department but they are accepting Renewals. The Government has even asked for the Supreme Court to take the Case, Skipping over the 9th U.S. Circuit Court of Appeals. The Justices are Weighing that Request.
Trump had set a March 5th Phase-Out date for the DACA program, whose full name is Deferred Action for Childhood Arrivals. Created by the Obama Administration through Executive Action in 2012, it is currently protecting nearly 700,000 Dreamers from Deportation.
Trump had said the Program was Illegal and announced the Phaseout, saying it was up to Congress to come up with a more Firm Legal Status for Dreamers. But in the Months following, Trump had also said he would consider Extending the March 5th Deadline. In one September Tweet he said that if Congress didn’t Act, “I will revisit this issue.” Judge Garaufis said that Undercut the President’s own Legal Team, saying it’s “not clear that the attorney general’s views are those of the administration he serves.”
In Revoking DACA last 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. They said it was more humane to do a Six-Month Phase-Out than to have a Court End the Program abruptly.
Judge Garaufis said that was not a compelling Argument, and said DACA is neither Unconstitutional nor Illegal. He repeatedly criticized the Justice Department’s handling of the Case, in one instance suggesting they were playing games with timing. “The court is not pleased,” the Judge wrote in a footnote.
NYC Wins When Everyone Can Vote! Michael H. Drucker
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