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.
Send tips to kevin@dailycallernewsfoundation.org.
The Daily Caller News Foundation is working hard to balance out the biased American media. For as little as $3, you can help us. Make a one-time donation to support the quality, independent journalism of TheDCNF. We’re not dependent on commercial or political support and we do not accept any government funding.
DONATE TO BIZPAC REVIEW
Please help us! If you are fed up with letting radical big tech execs, phony fact-checkers, tyrannical liberals and a lying mainstream media have unprecedented power over your news please consider making a donation to BPR to help us fight them. Now is the time. Truth has never been more critical!
- Dana Bash appears to want to crawl out of her own skin when Ramaswamy ‘goes there’ on J6 - December 7, 2023
- As Biden’s approval ratings decrease, students criticize administration for rebuilding border wall and support for Israel - November 12, 2023
- ‘They need to go!’ Scalise and McCarthy garner votes as 20 GOP ‘turncoats’ block Jim Jordan - October 17, 2023
Comment
We have no tolerance for comments containing violence, racism, profanity, vulgarity, doxing, or discourteous behavior. If a comment is spam, instead of replying to it please click the ∨ icon below and to the right of that comment. Thank you for partnering with us to maintain fruitful conversation.
