Brooklyn federal judge says 2 DACA-related cases open for review

Brooklyn federal judge says 2 DACA-related cases open for review


BY ANDREW KESHNER


NEW YORK DAILY NEWS
Thursday, November 9, 2017, 10:00 PM


http://assets.nydailynews.com/polopo...s10n-2-web.jpgDemonstrations in favor of the program and its recipients have been frequent since President Trump took office.

(KEVIN C DOWNS/FOR NEW YORK DAILY NEWS)




A Brooklyn federal judge ruled Thursday he's got jurisdiction to handle two lawsuits fighting the end of a program that shielded dreamers.


Judge Nicholas Garaufis shaved off four claims he said were outside his purview, but otherwise said the cases were open to judicial review.


In one case, New York State Attorney General Eric Schneiderman is leading the charge against the September rescission of the Deferred Action for Childhood Arrivals program. In another, dreamers themselves are fighting the halt. Both suits insist DACA's demise was fueled by bias. Almost 80% of DACA recipients are of Mexican origin.

Garaufis's 48-page decision is about legal procedure, not the guts of the suits. The Second Circuit is also reviewing the high-stakes litigation.


"The decision to eliminate the DACA program-a program by which certain undocumented immigrants could request immigration authorities to exercise prosecutorial discretion with respect to them-was not itself a presumptively unreviewable exercise of enforcement discretion," Garaufis wrote.


http://assets.nydailynews.com/polopo...s10n-1-web.jpgFederal judge Nicholas Garaufis released a 48-page decision that could spell hope for DACA recipients.

(JESSE WARD/FOR NEW YORK DAILY NEWS)


Justice Department lawyers argue the two suits fail to make sufficient legal arguments against the halt. Federal lawyers contend DACA's end was meant as an orderly wind-down and say there's no facts to show discriminatory intent.


"We look forward to continuing to pursue our case to protect DREAMers and New York's best interests," said Schneiderman spokeswoman Amy Spitalnick.


In a statement, the Justice Department said “This issue arises because the last administration-through DACA-deliberately sought to achieve what the legislative branch specifically refused to authorize on multiple occasions. Such an open-ended circumvention of immigration laws was an unconstitutional exercise of authority by the Executive Branch, and the Justice Department continues to maintain that an orderly wind down of DACA is not judicially reviewable.”



http://www.nydailynews.com/new-york/...icle-1.3622875