Judge Nicholas Garaufis said the feds have to keep processing renewal requests for undocumented immigrants who seek protection under the at-risk Deferred Action for Childhood Arrivals, just as they did before September 5, when the halt was first announced.
Judge Nicholas G. Garaufis of the US District Court for the Eastern District of NY issued an injunction barring the Trump administration's plans to end the program on Tuesday.
A Brooklyn federal judge is blocking the Trump Administration from pulling back the Dreamers immigration program, saying the government did not provide adequate explanations for the abrupt about-face.
Ahead of his ruling Tuesday, Garaufis acknowledged it would be best if elected officials - rather than judges - settled on a solution for DACA.
NY federal court has adjudged that the president Trump administration can't cease the Obama era plan dedicated to protect exiling young migrants brought in the United States.More news: Wenger: Spurs loss a giant blow to Arsenal's top-four hopes
More news: Red Gerard reaches snowboard slopestyle final, Chris Corning just misses
More news: Australia hammers England by 7 wkts
In revoking DACA previous year, Attorney General Jeff Sessions and acting Homeland Security Secretary Elaine Duke said they were facing the threat of a lawsuit and doubted they could legally defend the program. As Mother Jones has written, the Trump administration has taken the rare step of appealing Alsup's decision straight to the Supreme Court.
The White House has set a March 5 deadline to solve the DACA issue. Instead, his decision holds that the administration likely violated a federal statute known as the Administrative Procedure Act by winding down DACA in an "arbitrary and capricious" manner.
Under the judge's order, the government is required to continue processing DACA renewal requests for people who already are enrolled in the program and those whose enrollment lapsed before September 5, 2017.
The Department of Homeland Security has been accepting renewal applications since Alsup's order came down.
"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". He said that the courts will vindicate the administration's position that it acted properly in ending the program. If the high court accepts the case, a decision is unlikely until late spring. "As such, it was an unlawful circumvention of Congress, and was susceptible to the same legal challenges that effectively ended DAPA", O'Malley said.
"Federal courts from coast to coast have now reviewed the record and reached the same conclusion: President Trump's decision to rescind DACA was illegal", Schneiderman said in a statement.