This week, a federal judge in New York ruled that the government must temporarily restore the policy of amnesty that is extended towards immigrants under the DACA program.
Judge Nicholas G. Garaufis said that the Trump administration would only have the power to revoke DACA if they were able to prove that it was necessary for national security. The judge felt that the administrations rationale for wanting to the revoke the amnesty program was unfounded. Garaufis is now the second federal judge to come out in support of restoring the DACA program.
“The question before the court is thus not whether defendants could end the DACA program, but whether they offered legally adequate reasons for doing so. Based on its review of the record before it, the court concludes that defendants have not done so,” Judge Garaufis wrote in his statement.
Garaufis even documented Tweets from Trump to show that the president acted with authority that he did not rightfully have.
In a statement this week, New York Attorney General Eric Schneiderman said that this was a victory for the people of his city.
“Today’s federal court ruling is a victory for the over 42,000 New York Dreamers and more than 700,000 Dreamers across the country. There is much more work ahead to permanently preserve DACA and protect the millions of American families, businesses, hospitals and universities that depend on Dreamers every day to succeed, but today is an important step forward in that fight,” Schneiderman said.
“We are pleased the court ordered the Department of Homeland Security to restore DACA under the same conditions set forth by a federal court in California. We are also pleased that the court made clear that United States Attorney General Sessions was wrong when he claimed DACA was illegal and that the DOJ was wrong to claim that any court has deemed DACA unconstitutional,” he added.
DOJ spokesman Devin O’Malley responded to the judge’s order, saying that it will have no effect on the agency’s policy.
“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. As such, it was an unlawful circumvention of Congress and was susceptible to the same legal challenges that effectively ended DAPA. The Department of Homeland Security, therefore, acted within its lawful authority in deciding to wind down DACA in an orderly manner. Promoting and enforcing the rule of law is vital to protecting a nation, its borders and its citizens,” O’Malley said.
As politicians and bureaucrats squabble about policy, immigration agents are still tearing families apart across the entire country and pointing guns towards anyone who wants to cross an imaginary line in the dirt. It is good to see some measures going in the right direction, but small victories like this do little to protect the people who are in constantly fear of arrest and deportation.
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