Second federal judge blocks move to end DACA

A second federal judge Tuesday has temporarily blocked the Trump administration from ending the Deferred Action for C...

Posted: Feb 14, 2018 8:03 AM
Updated: Feb 14, 2018 8:03 AM

A second federal judge Tuesday has temporarily blocked the Trump administration from ending the Deferred Action for Childhood Arrivals program.

Judge Nicholas G. Garaufis of the US District Court for the Eastern District of New York ruled that DACA participants and states are likely to succeed in their challenge that the way President Donald Trump terminated the Obama-era program was arbitrary and capricious.

Trump last year announced his plan to end DACA, the policy that allowed undocumented immigrants brought to the US as children to stay in the country, effective March 5. That deadline has become central in the congressional debate over immigration, but Democrats and Republicans are nowhere near a breakthrough.

Tuesday's ruling, combined with a ruling from a California judge last month, means the program could end up going beyond the March 5 date.

"Defendants indisputably can end the DACA program," Garaufis wrote, referring to the Trump administration. "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. Based on its review of the record before it, the court concludes that defendants have not done so."

The judge said that the decision to end the program was based in part on the "plainly incorrect factual premise" that the program was illegal.

"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.

This week the Supreme Court is set to meet behind closed doors to discuss whether to take up the Trump administration's appeal of the related case.

The Justice Department said it maintains that the administration acted "within its lawful authority" in deciding to end DACA and will "vigorously defend this position."

"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," the Justice Department said in a statement. "Promoting and enforcing the rule of law is vital to protecting a nation, its borders, and its citizens."

Impact on immigration negotiations

Sen. Thom Tillis, R-North Carolina, urged lawmakers to "focus" on March 5, despite the two district court rulings blocking the DACA drawdown, but acknowledged there will be more time.

"We should still focus on the March 5 date," Tillis said on Fox News Tuesday afternoon. "The reality is, unless there's any action by the Supreme Court, looks like we have some number of weeks following March 5 to solve the problem."

Judge brought up "Norway" comments

In fiery oral arguments last month, Garaufis gave a blistering critique of what he called the President's "recurring, redundant drumbeat of anti-Latino commentary."

"It's not just an ad hoc comment that was overheard on an open mic," the judge said. "It's not just that somebody at INS said something derogatory about Mexicans. This came from the top."

Garaufis was responding to a question regarding Trump's comments in a closed-door meeting with senators in which the President asked why people from Haiti and more Africans were wanted in the US and added that the US should get more people from countries like Norway.

Minnesota Coronavirus Cases

Data is updated nightly.

Confirmed Cases: 26980

Reported Deaths: 1159
CountyConfirmedDeaths
Hennepin9099657
Ramsey3351149
Stearns205614
Nobles15775
Anoka152779
Dakota144664
Washington70035
Olmsted68911
Rice5243
Kandiyohi5141
Scott4712
Clay44930
Mower4462
Wright3492
Todd3441
Sherburne2492
Carver2402
Benton1853
Steele1700
Freeborn1590
Blue Earth1490
Martin1355
St. Louis11914
Lyon1012
Unassigned9611
Pine930
Nicollet8811
Cottonwood820
Winona8115
Crow Wing815
Watonwan790
Carlton750
Goodhue736
Otter Tail731
Chisago691
Polk632
Itasca5610
Dodge540
Chippewa521
Morrison480
Le Sueur471
Douglas460
Meeker460
Becker440
Jackson420
Murray410
McLeod410
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Waseca290
Mille Lacs241
Rock230
Faribault220
Wabasha200
Swift191
Beltrami180
Sibley170
Brown172
Fillmore171
Norman150
Pipestone130
Kanabec121
Aitkin120
Marshall120
Cass112
Big Stone110
Wilkin113
Wadena100
Pope100
Koochiching90
Redwood70
Yellow Medicine70
Renville70
Mahnomen61
Lincoln60
Red Lake40
Traverse40
Grant40
Clearwater30
Houston30
Hubbard30
Lac qui Parle30
Roseau30
Stevens10
Lake10
Kittson10

Iowa Coronavirus Cases

Data is updated nightly.

Confirmed Cases: 21114

Reported Deaths: 593
CountyConfirmedDeaths
Polk4614140
Woodbury286137
Black Hawk178849
Buena Vista10672
Linn97879
Dallas95226
Marshall91418
Wapello63615
Johnson6198
Muscatine56741
Crawford5512
Tama41129
Scott38510
Dubuque35921
Louisa35011
Pottawattamie31910
Sioux3060
Jasper26917
Wright2210
Washington1968
Warren1671
Plymouth1522
Story1311
Allamakee1204
Mahaska9913
Poweshiek928
Hamilton760
Webster741
Henry732
Boone720
Bremer716
Clarke690
Des Moines681
Taylor660
Clinton651
Guthrie553
Cedar501
Benton431
Cherokee410
Monroe415
Jones370
Shelby370
Osceola360
Jefferson360
Marion350
Dickinson350
Buchanan341
Iowa340
Clayton343
Cerro Gordo331
Madison292
Lee290
Sac280
Davis280
Emmet270
Fayette270
Clay270
Monona260
Harrison260
Hardin240
Lyon240
Winneshiek240
Lucas222
Mills200
Grundy200
Franklin200
Humboldt201
Pocahontas200
Delaware191
Floyd191
Hancock180
Appanoose173
Butler161
Kossuth160
Carroll151
Ida150
Greene150
Keokuk140
Jackson140
Page140
Audubon131
Cass130
Chickasaw130
Howard120
Winnebago110
Calhoun100
Union100
Van Buren90
Adair90
Montgomery92
Adams70
Palo Alto70
Ringgold40
Fremont40
Mitchell40
Worth30
Unassigned20
Wayne10
Decatur10
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