Kevin Daley on February 13, 2018
A federal trial court in New York City ordered President Donald Trump’s administration to continue administering the Deferred Action for Childhood Arrival program, though it cautioned the government may eventually end the policy.
Judge Nicholas Garaufis, a former President Bill Clinton appointee on the U.S. District Court for the Eastern District of New York, concluded the government violated the Administrative Procedure Act (APA) when it ended the program. Seventeen Democratic state attorneys general brought the case challenging the administration’s termination of DACA.
The APA is a federal law governing the promulgation and cancellation of regulations.
Garaufis cautioned his ruling does not hold that DACA’s rescission is unlawful, and left open the possibility that the government may legitimately revoke the policy at some point in the future.
A federal judge in California ordered the Department of Homeland Security to maintain DACA in January.
There are approximately 700,000 DACA beneficiaries, though the administration is not required to process new applications.
In a rare procedural move, the Justice Department appealed Alsup’s decision directly to the Supreme Court. Government lawyers argue the size and importance of the program warrants an immediate and definitive ruling on DACA’s termination.
The justices are scheduled to consider the request Friday. As such, the Alsup and Garaufis orders may only remain in effect for a few more days.
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