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Judge blocks Trump administration plan to roll back DACA

A federal judge in California late Tuesday temporarily blocked the Trump administration's efforts to end the Deferred...

Posted: Jan 10, 2018 2:39 PM
Updated: Jan 10, 2018 2:39 PM

A federal judge in California late Tuesday temporarily blocked the Trump administration's efforts to end the Deferred Action for Childhood Arrivals program.

Judge William Alsup also said the administration must resume receiving DACA renewal applications.

The fate of the roughly 700,000 "Dreamers" is the subject of heated talks in Washington

It is not clear how the judge's ruling will impact those negotiations

But the ruling is limited -- the administration does not need to process applications for those who have never before received DACA protections, he said.

The Trump administration announced the move to draw down the program last September with a planned end for early March. DACA protected young undocumented immigrants who came to the US as children from deportation.

RELATED: What is DACA and why is it ending?

The fate of DACA and the roughly 700,000 "Dreamers" is the subject of heated negotiations in Washington, where President Donald Trump, Republicans and Democrats are searching for a way to allow Dreamers to stay while also addressing border security concerns. It is not clear how the order will impact those talks.

The White House on Wednesday morning called the decision "outrageous."

"An issue of this magnitude must go through the normal legislative process. President Trump is committed to the rule of law, and will work with members of both parties to reach a permanent solution that corrects the unconstitutional actions taken by the last administration," White House press secretary Sarah Sanders said in a statement.

Trump, himself, blasted the decision on Twitter.

"It just shows everyone how broken and unfair our Court System is when the opposing side in a case (such as DACA) always runs to the 9th Circuit and almost always wins before being reversed by higher courts," he tweeted. The Ninth US Circuit Court of Appeals, which has blocked several versions of Trump's travel ban and is considered a more liberal court, would hear a potential appeal to Alsup's decision.

The ruling came in a challenge to the Department of Homeland Security brought by the University of California and others.

In his 49-page ruling, Alsup said "plaintiffs have shown that they are likely to succeed on the merits of their claim that the rescission was arbitrary and capricious" and must be set aside under the federal Administrative Procedures Act.

The judge said a nationwide injunction was "appropriate" because "our country has a strong interest in the uniform application of immigration law and policy."

"Plaintiffs have established injury that reaches beyond the geographical bounds of the Northern District of California. The problem affects every state and territory of the United States," he wrote.

In response to the ruling, the Department of Justice questioned the legality of DACA, calling it "an unlawful circumvention of Congress." DOJ spokesman Devin O'Malley said that DHS "acted within its lawful authority in deciding to wind down DACA in an orderly manner" and implied that the legal battles aren't over yet.

"The Justice Department will continue to vigorously defend this position, and looks forward to vindicating its position in further litigation," O'Malley said.

'A huge step in the right direction'

California's Attorney General Xavier Becerra hailed the ruling as a "a huge step in the right direction" in a statement. A coalition of attorneys general, including Becerra had also filed suit against the federal government over ending DACA, maintaining that it would cause "irreparable harm to DACA recipients."

In contrast, Mark Kirkorian, the executive director of Center for Immigration Studies, a think tank that advocates for lower immigration, described the ruling as "our lawless judiciary" in a tweet.

The plaintiff, the University of California said in a statement it was "pleased and encouraged" by the judge's ruling, which would allow DACA recipients to stay in the US as the lawsuits make their way through the courts.

"Unfortunately, even with this decision, fear and uncertainty persist for DACA recipients," said Janet Napolitano, president of the UC school system and was the Secretary of Homeland Security in 2012 who established DACA.

While the ruling that orders DACA renewals is "a sigh of relief," it's a fleeting one, said Karen Tumlin, legal director of the National Immigration Law Center, which advocates for rights of immigrants.

"It is important to remember, however, this is temporary relief by a single federal district court judge, it should not take the pressure off of Congress to do the right thing and enact a permanent solution for these young people."

Lawmakers are racing toward a January 19 deadline for government funding and a host of issues, including DACA are tied to the negotiations.

"Dreamers deserve permanence they can count on, not legal thrillers. Congress needs to bring that home," tweeted Tumlin.

Minnesota Coronavirus Cases

Data is updated nightly.

Cases: 327477

Reported Deaths: 3751
CountyCasesDeaths
Hennepin688981130
Ramsey28948512
Anoka23196232
Dakota23102194
Washington14590120
Stearns14314121
St. Louis9280117
Scott881056
Wright827145
Olmsted702536
Sherburne608243
Clay521359
Carver501315
Kandiyohi432024
Rice427738
Blue Earth426617
Crow Wing376237
Otter Tail332725
Chisago326914
Benton317253
Nobles313731
Winona292031
Douglas278439
Mower270623
Polk266226
Morrison241730
Lyon228712
Beltrami227518
McLeod226517
Becker217619
Goodhue216930
Steele20568
Itasca202223
Isanti199517
Carlton198417
Todd187414
Nicollet169426
Mille Lacs161231
Freeborn15966
Le Sueur153511
Brown151015
Cass149910
Pine14298
Waseca141811
Meeker139011
Roseau12475
Martin121221
Hubbard117728
Wabasha11041
Redwood101720
Chippewa9508
Cottonwood9284
Renville92729
Dodge9110
Watonwan8824
Wadena8537
Sibley8194
Rock8019
Aitkin79530
Houston7694
Fillmore7480
Pipestone74718
Kanabec67714
Yellow Medicine67612
Pennington6758
Swift6149
Murray6064
Faribault5902
Pope5641
Clearwater5389
Stevens5333
Marshall5289
Jackson5181
Lake4437
Wilkin4115
Koochiching4106
Lac qui Parle3984
Unassigned38259
Lincoln3721
Norman3638
Big Stone3332
Mahnomen3164
Grant2956
Kittson2408
Red Lake2283
Traverse1521
Lake of the Woods1021
Cook790

Iowa Coronavirus Cases

Data is updated nightly.

Cases: 234817

Reported Deaths: 2486
CountyCasesDeaths
Polk34631341
Linn14655168
Scott1166189
Black Hawk11194139
Woodbury10622133
Johnson979337
Dubuque941594
Story698323
Pottawattamie664871
Dallas657159
Sioux380529
Webster371639
Cerro Gordo367649
Marshall357647
Clinton341444
Buena Vista313114
Des Moines298621
Muscatine298271
Warren291714
Plymouth284444
Wapello263772
Jones235917
Jasper229746
Lee225617
Marion210222
Carroll203624
Bremer200212
Henry19137
Crawford181016
Benton174023
Tama156641
Washington149715
Jackson148814
Delaware147021
Dickinson143811
Boone142412
Mahaska133328
Wright13007
Clay12254
Buchanan122010
Hardin121011
Hamilton117713
Page11664
Kossuth11608
Clayton11399
Cedar112513
Harrison110832
Floyd110219
Calhoun10907
Fayette108712
Mills10858
Lyon10619
Butler10576
Winneshiek102713
Poweshiek102013
Iowa100213
Winnebago94825
Cherokee9474
Chickasaw9084
Hancock9008
Sac8978
Louisa89321
Grundy88911
Allamakee87013
Mitchell8369
Cass83524
Union8166
Appanoose80713
Humboldt8015
Shelby79511
Emmet78626
Guthrie77115
Franklin76021
Jefferson7512
Madison7174
Unassigned7050
Palo Alto6734
Keokuk6477
Pocahontas5984
Howard5809
Osceola5411
Greene5401
Ida53013
Clarke5004
Montgomery49311
Davis4819
Taylor4773
Monona4516
Monroe45113
Adair4489
Worth3820
Van Buren3755
Fremont3743
Lucas3376
Decatur3290
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