Federal judge puts temporary block on Trump’s decision to end DACA

| January 10, 2018 | 1 Comment

Beneficiaries of the federal Deferred Action for Childhood Arrivals program attend the “Keep Our Dream Alive” binational meeting in 2017. The Dreamers, as DACA recipients are known, gathered at a section of the U.S.-Mexico border wall in Sunland Park, N.M. CNS photo/Jose Luis Gonzalez, Reuters

A U.S. District Court judge in San Francisco Jan. 9 temporarily blocked the Trump administration’s decision to rescind the Deferred Action for Childhood Arrivals program by March.

In a 49-page ruling, Judge William Alsup of the U.S. District Court for the Northern District of California said his nationwide injunction appropriate because “our country has a strong interest in the uniform application of immigration law and policy.”

Alsup said the Trump administration must start accepting DACA renewal applications again, but he also said the federal government is not required to accept applications from those who have never before applied to be covered by DACA.

Alsup’s decision came in a lawsuit challenging the end of DACA that was filed against the U.S. Department of Homeland Security by the University of California and others.

In September, President Donald Trump announced that he would end DACA, which President Barack Obama created by executive order in 2012. At the same time, Trump called on Congress to come up with a legislative solution to keep the program in place.

Many are calling for passage of the proposed Development, Relief and Education for Alien Minors Act, or DREAM Act, to do just that. Trump and a bipartisan group from Congress met Jan. 9 to discuss a measure to keep DACA and include Trump’s demands for a border wall and other security measures.

In a statement issued early Jan. 10, White House press secretary Sarah Sanders said: “An issue of this magnitude must go through the normal legislative process. President Trump is committed to the rule of law, and will work with members of both parties to reach a permanent solution that corrects the unconstitutional actions taken by the last administration.”

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Category: U.S. & World News

  • Charles C.

    The entire Fifth Circuit determined that DAPA, and several portions of DACA, were illegal and upheld an injunction that they were not to be enforced. The Supreme Court considered the question and decided to let the injunction stand. Now, a single California judge says that the government must do what they’ve been enjoined not to do. No wonder Trump and many legal scholars are upset.

    By the way, “Dreamers” is simply an attempt to build good feelings and sympathy. Congress has refused for years to pass the DREAM act. There is no DREAM act and therfore no “Dreamers.” They could have called themselves “Cuddly Unicorns,” but that might not have had the same effect.

    By the way, the Obama administration lawyers themselves argued that one reason for keeping the law was because:

    “The United States maintains that DAPA is presumptively unreviewable prosecutorial discretion because ” ‘lawful presence’ is not a status and is not some thing that the alien can legally enforce; the agency can alter or revoke it at any time.”

    But Judge Alsup is saying that the Obama administration lawyers were wrong.

    My upset here is with Judge Alsup, not with any group of people. My thoughts on those not lawfully present aren’t relevant to this comment.