U.S. District Judge Nicholas Garaufis in Brooklyn ruled that the Deferred Action for Childhood Arrivals program, or DACA, can not end in March as the Republican administration had planned, a victory for Democratic state attorneys general and immigrants who sued the federal government.
Pressing Democrats to accept an immigration plan along the lines of one endorsed by President Donald Trump, GOP Senators unveiled the details of their plan to address the future of illegal immigrant "Dreamers", a 592 page, almost $100 billion measure that focuses mainly on new efforts at border security, limits on family migration, and an end to the Diversity Visa Lottery program. However, the administration did not provide "legally adequate reasons for doing so". He said President Trump's termination of DACA was "arbitrary and capricious".
Garaufis said the authority for his ruling stems from the Administrative Procedure Act, which lets parties harmed by federal agencies get judicial review of agency decisions when they are arbitrary, capricious, an abuse of discretion or do not follow the law.
"It's not just an ad hoc comment that was overheard on an open mic", the judge said.
"I'm Christian, I love Jesus, but he thinks Jesus tells him to say things - I'm like, 'Jesus didn't say that.' Scary", she said.
President Donald Trump said Monday that Democrats' opposition to the tax reform plan that he signed into law is going to be a "big political problem" for them.
Garaufis, in a footnote, questioned whether Sessions' conclusion that the program was unconstitutional reflected the administration's position.
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A clock is ticking: almost 700,000 of the Dreamers, those registered under the Deferred Action for Childhood Arrivals (DACA) program, could begin losing protections from expulsion early next month.
"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.
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.
The Supreme Court has yet to decide if it will hear the government's appeal.
Congress is trying to pass legislation before the DACA program ends March 5, when about 1,000 participants a day will begin losing deportation protections and work permits, making them vulnerable to deportation.
"Today's order doesn't change the Department of Justice's position on the facts: DACA was implemented unilaterally after Congress declined to extend these benefits to this same group of illegal aliens".
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.