Judge in Brooklyn joins a previous judge’s decision in California to declare that the Trump government acted “arbitrarily and capriciously” in ending the deferred action program for youths.
For the second time in just over a month, a federal judge ruled that the Donald Trump government should continue to renew the Deferred Action Permit (DACA) because the elimination of the program was carried out irregularly.
Judge Nicholas Garaufis, federal judge in Brooklyn, New York, said in his decision that the way the Trump government ended the DACA program was “capricious and arbitrary” and signed an order that prevents the government from eliminating it while decide the demand.
The initial Garaufis order, issued on Tuesday, caused confusion because it seemed to indicate that apart from renewing existing cases, the government should process new cases. But lawyers for the plaintiff clarified that they were only people who had already had DACA in the past or who currently have it .
“This can create confusion,” said Karen Tumlin, legal director of the National Immigration Law Center, who along with 17 state attorneys brought suit against the government.
“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.
Applications from people who never had the program will not be accepted, he added.
New York Attorney General Eric Schneiderman welcomed the decision and added that today’s ruling is added to the one a month ago by the California attorney in a lawsuit filed in San Francisco.
“Now there are judges who have declared the illegality of Trump’s decision from coast to coast,” Schneiderman said in a statement.
In both cases, it is a preliminary order since a trial is pending. Susanna Evarts, of the Immigrant Rights Clinic at Yale Law School, said the judge determined that the way the Trump government ended DACA was “arbitrary and capricious.”
“Garaufis found legal errors in Trump’s decision, for example , that DACA was illegal and unconstitutional.
That is not true, and the judge rejected it, “said Evarts. “He also indicated that the government has repeatedly changed its reasons for suspending the program … the magistrate’s decision indicates that they can not remove the status of hundreds of thousands of people without legal justification .”
The Trump government has already restarted DACA’s renewal proceedings following a similar decision in January by Judge William Allsup in a lawsuit filed by California Attorney General Xavier Becerra and state universities.
The dreamer and plaintiff in the case of New York Eliana Fernandez, said that the decision on Tuesday “gives hope to dreamers across the country that the courts see our humanity, and that politicians can not attack us with hatred and total impunity”.
Fernandez added that while both decisions reinforce that the DACAmentados may continue to be so for the moment, “we need a permanent and legislative solution.”
The most recent decision reinforces the case against the elimination of DACA, djio Tumlin, on the eve of the decision that the Supreme Court of the Nation must make this Friday in an appeal that the government made after the January decision.
“The federal government took the strange step of seeking an immediate appeal to the supreme court and this Friday we will know if it accepts it or not,” said the lawyer. “That’s very unusual and extraordinary, but this decision today should reinforce the dreamers’ position.”