President Donald Trump moved a year ago to end the Deferred Action for Childhood Arrivals (DACA) program, telling Congress to find a legislative fix for "Dreamers" who were plunged into legal limbo by his decision.
Awaiting the judge's decision today, Trump further tried to force Congress's hand tweeting, "Negotiations on DACA have begun".
U.S. District Judge Nicholas Garaufis in NY ruled Tuesday that the government hasn't offered legally adequate reasons for ending the program, known as Deferred Action for Childhood Arrivals - or DACA. Garaufis linked to a September 5 tweet from President Trump that read, "Congress now has 6 months to legalize DACA (something the Obama Administration was unable to do)".
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"What the judge meant is that those people who had DACA in the past and who did not renew it, can submit a new application if they wish and the government has to process it, " he said.
"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. "Based on its review of the record before it, the court concludes that defendants have not done so", he wrote. DAPA would have provided similar protections from deportation to the undocumented parents of USA citizens and legal permanent residents. DOJ is fighting Alsup's January order and has petitioned the US Supreme Court to hear the case right away and skip the US Court of Appeals for the 9th Circuit.
A spokesman for the Justice Department, Devin O'Malley, said the administration will hold to its argument that DACA as implemented by the Obama administration was an "unlawful circumvention of Congress". "The Justice Department argues that DACA was an illegal overreach by the Obama White House, and was likely to be overturned in court". Despite acknowledging the court's own sympathies towards those who were unable to apply for the program before then, "it can not say that plaintiffs have demonstrated either that these individuals would be irreparably harmed without injunctive relief or that the balance of equities favors these individuals to the same extent it favors existing DACA beneficiaries".
The administration will also seek $782 million to hire and support 2,750 new Customs and Border Protection officers and Immigration and Customs Enforcement agents - roughly the same increase it sought in its fiscal 2018 budget request.
CBP and ICE are two of the three primary federal immigration agencies, part of the sprawling Department of Homeland Security.