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Thread: Second federal judge blocks move to end DACA

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  1. #1
    Super Moderator GeorgiaPeach's Avatar
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    Second federal judge blocks move to end DACA

    Second federal judge blocks move to end DACA


    February 13, 2018

    Ariane de Vogue


    (CNN)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.

    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.



    https://www.cnn.com/2018/02/13/polit...aca/index.html
    Last edited by GeorgiaPeach; 02-13-2018 at 06:15 PM.
    Jeremiah 29:11 - It is written, "For I know the plans I have for you, declares the Lord, plans to prosper you and not to harm you, plans to give you hope and a future."

  2. #2
    Senior Member Judy's Avatar
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    LOL!! Brought up "Norway" comments. What in the hell does that have to do with DACA?? These federal judges are idiots.
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  3. #3
    Super Moderator GeorgiaPeach's Avatar
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    Court orders full restoration of DACA program


    February 13, 2018

    Stephen Dinan

    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 Mr. 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 Mr. Trump’s aides bungled the phaseout — 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. “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.

    Mr. Trump had set a March 5 phaseout data 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.

    Mr. 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, Mr. Trump had also said he would consider extending the March 5 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.”

    U.S. Citizenship and Immigration Services, the agency that handles DACA, did not have an immediate reaction.
    The agency had already begun to accept renewal applications under the first court order.

    But it has not released any details of how that process is going.


    https://www.washingtontimes.com/news...-daca-program/


    Last edited by GeorgiaPeach; 02-13-2018 at 06:14 PM.
    Jeremiah 29:11 - It is written, "For I know the plans I have for you, declares the Lord, plans to prosper you and not to harm you, plans to give you hope and a future."

  4. #4
    Senior Member JohnDoe2's Avatar
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  5. #5
    Senior Member Judy's Avatar
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    Get this case to the US Supreme Court ... NOW. Stop fiddling around Sessions. Get it to the US Supreme Court immediately.
    Beezer, jtdc, JohnK and 1 others like this.
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  6. #6
    Super Moderator GeorgiaPeach's Avatar
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    Related:

    A Judge Just Ordered Trump To Keep DACA

    https://www.alipac.us/f9/judge-just-...13/index2.html
    Jeremiah 29:11 - It is written, "For I know the plans I have for you, declares the Lord, plans to prosper you and not to harm you, plans to give you hope and a future."

  7. #7
    Senior Member Captainron's Avatar
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    There were so many questions about DACA's legality to begin with, it should be the policy that is in question. On something critical like immigration how can an executive order suspend congressional action?
    Beezer likes this.
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  8. #8
    Senior Member JohnDoe2's Avatar
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    Quote Originally Posted by Judy View Post
    Get this case to the US Supreme Court ... NOW. Stop fiddling around Sessions. Get it to the US Supreme Court immediately.
    2/5/18
    "A federal judge in California ordered the Department of Homeland Security to resume DACA, the program at the core of the ongoing battle."


    "The department is now operating DACA, waiting for the Supreme Court to issue the final verdict on its legality. That means the program may survive until sometime this summer, the earliest the court could rule, even without Congressional action."


    https://www.alipac.us/f12/congress-h...eamers-355399/
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  9. #9
    Senior Member Judy's Avatar
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    You can order an emergency hearing. Happens all the time. The Supreme Court can remove the lower courts blocks while it doodles with itself figuring out if a President or Agency Head has the authority to permit illegal activities. Should be a pretty damn simple question to answer, not like it just came up either, issue has been around for almost 6 years.
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  10. #10
    Senior Member Beezer's Avatar
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    O'vomit created it...Trump END IT with an EO!
    Judy and JohnK like this.
    NO DACA - NO AMNESTY - NO PATH TO STAY - LET WORK PERMITS EXPIRE
    DEPORT ALL ILLEGAL ALIENS WITHIN 24 HOURS
    END BIRTHRIGHT CITIZENSHIP!

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