Second federal judge blocks DACA repeal

Second federal judge blocks DACA repeal

[JURIST] A judge for the US District Court for the Eastern District of New York [official website] has blocked [opinion, PDF] the Trump administration from ending the Deferred Action for Childhood Arrivals (DACA) [official website] program, which gives undocumented immigrants brought into the US as children, known as “Dreamers,” protection from deportation.

The lawsuit was originally filed by 17 state attorneys general who primarily argued that the repeal of DACA was “arbitrary and capricious.” That standard holds that there must be a “legally adequate” reason for actions such as repealing any legislation.

Judge Nicholas Garaufis stated that:

To the extent the decision to end the DACA program was based on the Attorney General’s determination that the program is unconstitutional, that determination was legally erroneous, and the decision was therefore arbitrary and capricious.

New York Attorney General Eric Schneiderman, a plaintiff in the case, stated [text]:

Today’s ruling reflects not only the illegality of the Trump Administration’s move to rescind DACA, but also the clear and demonstrable benefits DACA provides to New Yorkers across our great state. I am proud to lead a coalition of 17 state attorneys general who have been fighting in court since September to protect Dreamers and preserve this vital program.

A federal judge in California had previously blocked the DACA repeal, a decision the Trump administration has appealed [JURIST reports] to the US Supreme Court.