Second judge keeps DACA program going

Glen Norman
February 15, 2018

Last September, the Trump administration announced that they were rescinding the Obama-era DACA program, which temporarily protected immigrants who were brought to the United States illegally when they were children, if they met certain requirements and applied for the program.

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".

Garaufis' ruling is the second such setback for the Trump administration after a federal judge in California ruled last month that DACA's legal protections must remain in place while the case is adjudicated.

He delayed enforcement to give Congress until 5 March to enact a replacement plan for Daca recipients, known as "Dreamers".

The justice department has said no current Daca recipients will be affected by the decision to scrap the scheme before 5 March 2018, but no new applications will be accepted. Minus a breakthrough, Dreamers' best hope will be for Plan Z, a one-year extension of their protected status, which right now seems like the most likely option.


First, the administration has argued on a legal basis that DACA was unconstitutional and violated both the Administrative Procedure Act and the Immigration and Nationality Act.

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.

"Each says he or she would rather not accept a path to US citizenship if the same option was denied their parents", according to CNN.

"The Trump administration should be able to alter the policies and priorities set by its predecessor", Garaufis said.

A second federal judge has blocked President Donald Trump's decision to wind down the Deferred Action for Childhood Arrivals program, which shields young unauthorized immigrants from deportation.


Tuesday's ruling comes as the fate of the DACA recipients is being debated in the Senate.

Trump past year announced his plan to end DACA, the policy that allowed undocumented immigrants brought to the U.S. as children to stay in the country, effective March 5.

"DACA was implemented unilaterally after Congress declined to extend these benefits to this same group of illegal aliens".

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Trump also wants $25 billion for Trump's border wall with Mexico and other security measures, as well as curbs on legal immigration - a must for many Republicans.


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