Published: Wed, February 14, 2018
Health Care | By Belinda Paul

2nd Federal Court Blocks Trump From Rescinding DACA

2nd Federal Court Blocks Trump From Rescinding DACA

The decision comes after a federal judge in San Francisco in January ruled against repealing the Deferred Action for Childhood Arrivals, or DACA, program.

In revoking DACA previous year, Attorney General Jeff Sessions and acting Homeland Security Secretary Elaine Duke said they were facing the threat of a lawsuit and doubted they could legally defend the program.

The Trump administration argued that the California injunction means that DACA recipients are not facing imminent harm.

"It's not just an ad hoc comment that was overheard on an open mic", the judge said. In fact, a recent court ruling has rendered that deadline meaningless. The federal court judge said the White House could potentially repeal DACA, but that the evidence it provided in the case was "legally inadequate" to prove the program's unconstitutionality. Though his proposal has no chance of passage, Trump may be the most influential voice in the conversation. "We don't want them in and right now we're working on DACA, we're working on immigration bills and we're making them tough", Trump said. The preliminary injunction issued today orders the Trump Administration to maintain the DACA program on the same terms and conditions for those already participating. DAPA would have provided similar protections from deportation to the undocumented parents of U.S. citizens and legal permanent residents.

"Today's federal court ruling is a victory for over 42,000 New York Dreamers and more than 700,000 Dreamers across the country", Schneiderman said in a statement.

"Federal courts from coast to coast have now reviewed the record and reached the same conclusion: President Trump's decision to rescind DACA was illegal".

Yet Garaufis' decision failed to achieve one of the big goals of the plaintiffs: forcing the Trump administration to process new applications for those who would have become eligible since the September 5 recision memo was announced.

Democrats and some GOP fiscal conservative also took issue with Trump's $4.4 trillion 2019 budget proposal that hikes military spending by $195 billion over the next two years, but also cuts many entitlement programs like Medicare and Medicaid and adds $7.2 trillion to the deficit in 10 years. They said it was more humane to do a six-month phaseout than to have a court end the program abruptly. "The Department of Homeland Security therefore acted within its lawful authority in deciding to wind down DACA in an orderly manner".

"DACA was implemented unilaterally after Congress declined to extend these benefits to this same group of illegal aliens". "Promoting and enforcing the rule of law is vital to protecting a nation, its borders, and its citizens".

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