Court Orders Restoration of DACA Program

Judge Uses Trump’s Twitter post against the President as proof of racial bias…

Court Orders Restoration of DACA Program

Federal Courthouse Brooklyn (Beyond My Ken)

(Amanda Ottaway, Court House News) BROOKLYN, NY – A federal judge ruled Tuesday that the Justice Department likely flouted the law in abruptly rescinding an Obama-era program that afforded qualifying young immigrants with certain protections.

“Defendants indisputably can end the DACA program,” U.S. District Judge Nicholas Garaufis wrote, using an abbreviation for Deferred Action for Childhood Arrivals. “Nothing in the Constitution or the Immigration and Nationality Act requires immigration authorities to grant deferred action or work authorization to individuals without lawful immigration status.

“The question before the court is thus not whether defendants could end the DACA program,” Garaufis added, “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.”

Led by immigration advocates and a group of 16 state attorneys general, the case in Brooklyn was one of several brought around the country when U.S. Attorney General Jeff Sessions announced the rollback of DACA in September.

** MORE DACA COVERAGE at Liberty Headlines **

Garaufis said the government’s stated reason for terminating DACA “was erroneous,” noting that the premise that a previous related program, Deferred Action for Parents of Americans and Lawful Permanent Residents, had constitutional defects is “flatly incorrect.”

Garaufis also called the government’s actions and language “contradictory,” questioning why they would opt to “wind down” a program they believed was unconstitutional.

DACA beneficiary Martin Batalla Vidal is the lead plaintiff in this case, joined by Make the Road New York, the National Immigration Law Center, and the Worker and Immigrant Rights Advocacy Clinic at Yale Law School.

Though Garaufis declined to certify the challengers as a class, he did take seriously the effects of the DACA program.

“Allowing the DACA rescission to take immediate effect would quickly cost many DACA recipients the opportunity to work legally in this country, and hence to support themselves and their families,” the 55-page opinion states.

Garaufis said that an injunction would “preserve the status quo … rather than allowing severe social dislocations to unfold based on an agency decision that … strongly appears to have been arbitrary and capricious.”

“The public interest is not served by allowing defendants to proceed with arbitrary and capricious action,” Garaufis added.

Garaufis also made clear “what this order is not.” He clarified that the order did not state the rescission of DACA was unlawful and that they could still drop the program. The government does not have to grant renewal requests or particular applications from DACA hopefuls, and can still revoke work authorization and deferred action.

The relief granted by Garaufis is similar to a January ruling from U.S. District Judge William Alsup in San Francisco. Alsup ordered the federal government to revive DACA, finding the decision to terminate it was likely based on a “flawed legal premise” that the program was enacted illegally by the Obama administration and that it would not survive a challenge in court.

Both Alsup and Garaufis deemed rhetoric by the president as worthy of consideration in their decisions.

Alsup found the plaintiffs plausibly alleged that “racial animus towards Mexicans and Latinos was a motivating factor” in nixing DACA.

In a Jan. 30 hearing in Brooklyn, Garaufis noted that Trump’s remarks on the campaign trail and on Twitter could be “construed as having confirmed the bias of the leadership.”

DACA has become a sticking point on Capitol Hill as lawmakers work on passing a budget, but the latest bill did not include any mentions of the program beneficiaries, whose nickname Dreamers comes from a prior proposed legislation called the Dream Act.

It’s unclear how Garaufis’ ruling will affect proceedings in the U.S. Supreme Court, which returns to conference Friday after a brief recess.

Skipping input from the Ninth Circuit, the U.S. Supreme Court has already opted to hold a hearing on Alsup’s DACA ruling.

Original Source

  • Yosemite Sam

    This looney Leftist court order, restoring Obama’s DACA executive order, will not stand up to scrutiny of the SCOTUS.

  • Rolpho Signetti

    Why even have a President, or any other branch?

    Let’s just let these small insignificant courts run the country. Need to put a stop to this!

    The SUPREME COURT should step in, and tell these liberal courts that are out of control to SHAD DA “F” UP!

    Go back to hearing complaints about speeding tickets, and stay the heck out of national decisions!

    I am flabbergasted about what these limp wristed judges are doing to PRESIDENT TRUMP! Kick these SOB’s outta here!

    • Maxine Albritton

      the doj and fbi are in the same trouble. it is contagious.

    • dorcus

      VOTE all democrat judges out of office if they are on the ballot in November!

      • Helga Renfro

        dorcus that could work if not so many illegal sympathizers where voting along with so many illegals that are using false SS card and are also voting. I would love to see CA turn red but that is just a dream of mine. I live in San Jose which has turned into a high crime city.

      • Rolpho Signetti

        Are not a lot of judges that can dictate a presidential order/decree appointed?

        But I understand what you are saying. If there are stupid Commie local judges: vote them out!

      • jaybird

        I just signed a petition on breaking up one of these circuit courts. All I had to do was put in my name and zip code and it is sent to my representatives. I get a lot from different Conservative letters. Do any of you?

      • Bob 1401

        Hey, no disrespect, but this is the problem now that many of us don’t know all the ins and outs of our government and how it works. Federal Judges are appointed and in for life. We have a political Supreme Court Judge that is political and still sitting on the bench.

        What I see we need, any appeal against any POTUS, should require that a minimum of three all member appeals courts must have a combined 2/3rd’s vote to overturn any action that the POTUS does.

        The main problem, is for security reasons, that cannot be released to anyone, the POTUS makes decisions, some good, maybe many bad. This depends on what side of the aisle one is one. But for the last two decades minimum, America has been in a Civil War.

        The tragic thing is that MSM and the Left keep lying about Trump hating the Dreamers. He wants to help them, but all he ask is a closed border. If he did not care, he would have just stop the program about six months ago. He was demonstrating to the congress that what one POTUS does, the next one can Change and trying to get Congress to help the Dreamers and Secure the Borders. But Nancy only wants it one way and will not talk about the Wall.

        With the last closure, we did get the military funded for I think a couple of years. What are we going to see in a little over a month. A shutdown of the Government again, this time it will not be for a few hours or three days, but it will be on-going for a lot longer, since our dedicated fighting men and women who use the word US, as in all of US instead of I and My as in Ipad and My Documents, that only think about them selves with no knowledge what is going on and the the Democrats are doing all they can in Opening a Constitutional Convention! That is their target, again many elected Democrats that are puppets to get in office will be hurt also.

        Opening a Constitutional Convention, no matter the reason, have full control of the Constitution and can completely re-write the whole thing. Bye-bye freedom that is now taken away from us every day without a good definition of what Hate Crime is.

    • ted towny

      Yes and that shouldn’t take months and years!

    • Mike

      These liberal activist judges are appointed by liberals that have been elected. It behooves we conservatives vote in every election to keep liberals from getting elected and appointed these anti-constitutional judges.

      • Rolpho Signetti

        123.6% agree with you! They are undermining our country.

  • Lance Charles Sr

    Lower Court has no Standings and it is time for President Trump and AG Session to ignore them and make them take their case to US Supreme Court. They need to tell these Court! AG Session is so WEAK and need to be Replaced.

    • mezcukor

      I totally agree

    • Maud LaSpisa

      I agree- Sessions has to go. & Trump can override these judges & he should do so ASAP!

      • Helga Renfro

        If he can override them why I is h not doing it. These democratic State legislators are fighting tooth and nail and order their police not to cooperate with the Feds. Cut of funds to these Sates and Cities, but than these idiotic judges step in bring everything to a halt. They should have all been replaced when first Trump took office. They are all radical brainwashed Democrats.

    • Helga Renfro

      Yes I agree Session is a milk toast. I would like to see Trey Gowdy in that post. Unfortunetly he is leaving politics too, along with many Repu blicans and that will make it even more impossible for Trump to change this idiotic DC. It is full of traitors from the FBI, DOJ and so on.

      • Hope

        Jeanine Pirro, Giuliani, even Christie would stand up against the evil empire. I’m sure there are several others as well. Sessions may be a good man, but he does not seem to have what it takes to fight this evil battle. He needs to resign

        • Helga Renfro

          Hope so many would be better than Sessions. I am almost convinced that he is being controlled by somebody that has something on him. What other explanation makes sense? The trail of mysterious deaths the Clinton’s left behind since Arkansas makes me very suspicious and I wouldn’t put anything pass them.

        • jaybird

          I don’t know/trust Christi – he is OK with the gun laws in NJ which is a bad state to get caught with a gun in. A power company worker came up from NC to help in a storm and he got a ticket for carrying even though he had a permit. You cannot even pass through that state with a gun in your car and if they stop you they will check with your state to see if you have a CCW permit.

  • Lance Charles Sr

    Garaufis also called the government’s actions and language “contradictory,” questioning why they would opt to “wind down” a program they believed was unconstitutional. Trump should have just ended it immediately instead of showing compassion!

    • Maxine Albritton

      He has strong opposition in Congress to all his immigration reforms, the wall, they want no wall. ending chain migration, they want the whole village to come in. etc. He is usually between a rock and a hard place in everything he wants to achieve. absolutely a difficult job for him.

      • dorcus

        Therefore, it is up to US to stand behind him, and against the communist/democrats!

      • Maud LaSpisa

        there must something we as Trump supporters can do help President-we just have to figure out what & follow through.

    • kenhowes

      That isn’t his call. The question, the only question, he has to adjudicate, is whether the government is required, or even authorized, to continue a program that violates statute law. I think the judge overstepped his bounds.

      • dorcus

        Obama used his pen to insert this program onto the backs of the U.S. citizens, then President Trump can use his pen to get rid of it! End of story! These judges are all out of line! They know they will be overturned at the Supreme Court! ILLEGALS HAVE NO LEGAL STANDING by our Constitution!

    • Maud LaSpisa

      AMEN!!!!!

  • Lance Charles Sr

    Garaufis also made clear “what this order is not.” He clarified that the order did not state the rescission of DACA was unlawful and that they could still drop the program. The government does not have to grant renewal requests or particular applications from DACA hopefuls, and can still revoke work authorization and deferred action.

  • Brent

    And the insanity continues.

  • Lance Charles Sr

    The relief granted by Garaufis is similar to a January ruling from U.S. District Judge William Alsup in San Francisco. Alsup ordered the federal government to revive DACA, finding the decision to terminate it was likely based on a “flawed legal premise” that the program was enacted illegally by the Obama administration and that it would not survive a challenge in court.

  • Born Again Southern Pride

    Ignore the court order… let them whine a bit about the President abusing his power… to do his job.

    • Audrey Mae Kibodeaux

      Totally agree

    • bob laford

      I agree just plain ignore it!!!

  • Lance Charles Sr

    It’s unclear how Garaufis’ ruling will affect proceedings in the U.S. Supreme Court, which returns to conference Friday after a brief recess.

    Skipping input from the Ninth Circuit, the U.S. Supreme Court has already opted to hold a hearing on Alsup’s DACA ruling.

  • chris VN

    ” the Justice Department likely flouted the law “, is that the same as when obumass invented this DACA bs???

  • Frank Budz

    We need to enact a law that states unequivocally, “if you sit on the judicial bench and do not follow the law to the letter you will be removed immediately period.” That way these wacko leftist cannot go judge shopping to get what they want. The Ninth Circuit Court has been overturned so many times on appeal that they should be broken up, never to render another desision. Its time that Americans take back our Judicial System with common sense judges that know that any variance on the written rule of law will not be tolerated and will ruin their careers. This has gone to far already because we have had haters in the WH. This should also apply to SCOTUS. Ruth Bader Ginsburg should of had some type of sanction brought against her when she made politicial statements before this President was elected. It showed her extreme bias and as one of the highest jurist in the country this can never be allowed.

  • Naval Lint

    It’s more than time that President Trump cease trying to play nice with the Dems and Leftists! Any time you do, they just chew your arm off. They are no different than rabid dogs! It’s time to CLEAN HOUSE
    HOUSE, Mr. President! Remove ALL Obama hold-overs, eliminate ALL Obama EOs and start dismissing these life-time Liberal judges!!!!

    • Helga Renfro

      If he doesn’t change the rules and he needs 60 votes he can not do anything. They have it so rigged that it just takes a few obstructionist to tie the Presidents hands. Jerks like Mc.Cain, Fluke and other Republicans are Democrats in disguise. I wonder who has them in their pockets.

      • Naval Lint

        Jorge Soros would be my final answer, Alec….

  • Yosemite Sam

    True Conservatives appreciate Liberty and economic prosperity. However, the vast majority of buffoonish Liberals, those who’ve been fully indoctrinated, I fear would willing surrender their constitutionally protected liberty for the LIE of liberalism.

    All unprincipled people, are easily manipulated, lost souls who are tossed about, as is a ship without a rudder.

    • Helga Renfro

      Boy did you ever say the truth. My State CA is ruled by communistic liberals. and now e actually have 2 Republican’s that are trying to challenging Brown and co-horts and when they did a survey of the people of CA most of them have not even heard of them. Yet they both appeared on TV and are on social media. A very large population in CA are very dumbed down and that is why they can get away with all of this sanctuary and protection of illegals.

  • SoManyWhiners

    Judge you DO NOT get to make laws. Tough luck the courtroom IS NOT your personal country. DACA ends it was illegally created.

    • Yosemite Sam

      I completely agree. Unfortunately these anti Constitutional judges, are in fact oligarchs, continually usurping the US Constitution.

  • lorddragonstar

    The court ordered an ILLEGAL action be continued?

    • dorcus

      That is correct! Rogue judge!

  • God Bless America

    I thought this program was illegal to start with .

    • dorcus

      It was, and still is!

    • Maud LaSpisa

      it is!!

  • Allen

    Does the court even know enough law and constitution to know Obama’s DACA was illegal. Let’s say fine if they want that then every liberal judge is replaced with an illegal judge, see how they gripe then.

  • RealAmerican407

    DACA was an EO so any incoming President can undo it.

    The SC will take a big dump on the lower courts like they did with the travel ban.

    These rogues courts keep making ruling based on political agenda rather than rule of law.

    • dorcus

      Time to get rid of all rogue judges if on the ballot in November!

      • Tim

        problem is they are not elected, they are appointed

  • The President doesn’t need justification to cancel one Executive Order with another Executive Order. The President should rebuke – very publicly – the judge who issues the ruling, for overstepping his Constitutional authority. President Trump should say that continued flouting of Constitutional limits would constitute ‘Bad Behavior’ setting the judge up for removal from the bench.

    • Helga Renfro

      I takes way too long to remove one of these traitor judges.

  • Gary Ross

    Why has the dems failed to come up with a plan?

    • dorcus

      Because they have NONE! They still believe that they will overturn the will of the people and impeach a duly elected president for no other reason than Hillary didn’t win!

  • Terry

    Court has nothing to say about executive orders keep your liberal BS to yourself worthless POS so called judge

  • pathsofglory

    Impeachments are in order for these Obama-hack “judges.” Obviously, this will be appealed – to SCOTUS if necessary, but we shouldn’t have to waste taxpayers’ money in doing so. That goes for the 9th Circus as well.

  • bob laford

    DACA was an illegal, unconstitutional executive order. So President Trump should issue an executive order dismissing it. Get this to the SUPREME COURT reestablish the boundaries of constitutional law on lower courts over reach.

    • dorcus

      It has gone to the Supreme Court. They have already said they would hear it!

  • Harry Pearson

    Once again, we have A judge who thinks HE and HE alone, can write the laws of this country. Someone, somewhere, needs to sit down with all these judges and remind them that their job is not to CREATE law, but to INTERPRET law. Although not nearly as bad as the 9th Circuit, Garaufis has placed himself above every other branch of government and is now telling the Executive how to conduct its business.
    Thank goodness that the Supreme Court has opted to hear this issue already, so we can finally, and completely, forget about it and the illegal actions that created DACA in the first place. To consider that following the Constitution is “arbitrary and capricious” is not only dangerous, but certainly tells where this particular judge is coming from. Can anyone spell E L I T I S T? P R O G R E S S I V E?

    • kep

      COMMUNIST

    • Helga Renfro

      Harry I don’t have much faith in the Supreme court any more. We only have one judge that was appointed by Trump.

      • Harry Pearson

        So far. Ruth Ginsberg isn’t going to last all that much longer, and there may be a couple more. I just hope there are a few more students of Scalia out there.

        • Helga Renfro

          Harry, it’s not nice to wish somebody ill but I can’t help but hope that at least Ginsberg is on her last leg.

          • Yosemite Sam

            Helga, I must say your “but” said a mouthful. All TRUE!

  • Patriot

    Midterm elections let’s vote ALL REPUBLICAN. Next presidential election let’s reelect DONALD.

  • Keith Wright

    Why are judges legislating from the bench. They should be removed. That is NOT their job.

  • twlssn03

    SO what another liberal judge crying in the wind.

  • Concerned

    The Trump administration announced this 6 months in advance and told Congress that they must come up with an acceptable solution. This judge lies when he says: “the Justice Department likely flouted the law in abruptly rescinding an Obama-era program that afforded qualifying young immigrants with certain protections.”
    President Trump clearly has the authority to do what was done and this judge has no authority to rescind this. I think the Supreme Count said they will not rule on this until June — why so long?

    • Helga Renfro

      These judges are the biggest liars and unethical creatures with way too much power. Term limits for the Supreme court as well. These old geezers no longer have the same brain as younger people have. I am old now myself and I can truly say I am not the same as I was in my younger years. Thank God I still have enough brain to recognize it. Just saying, get rid of them after a certain age and make them take competency tests for sure.

      • Yosemite Sam

        Helga, these old geezer [as you so eloquently put it] Oligarchs who wear black robes, surely think the same today, as they did decades ago. They collectively are nothing more than statists, who sold their souls long ago.

  • suerobb

    Obama said he had no power to do it before he did it, a court ruled it unconstitutional and just because a judge doesn’t like what Trump has said does not change those facts. You cannot have two groups of immigrants. On groups required to do it the legal way and another rewoarded due to their parents illegal actions. Those Dreamers are still citizens of other countries.

  • Greg

    Another RAT judge on the list of GOTTA GO’S…

  • spike

    When the constitutionality of the infamous “Affordable” Health care was before the Supreme Court – everyone said they could not consider the fact that one of the main architects had said numerous times, publicly that they had deliberately worded the law as it was . . . only what was said in court or was in the the law or in this case an Executive order. Roberts just “changed” the key word in order to make it constitutional. iThe DACA thing is actually nullifying an Executive Order – not even a law passed by congress. However, using what was said in a campaign or where ever the judges make decisions based on what was said at some other time. How does this work from a legal point of view?

  • Bob

    Let’s hope the Supreme Court does the right thing!

  • Hope

    These people are so stupid and full of hatred. DACA was limited in number and didn’t provide a path to citizenship. Trump’s offer increased the number of people and gave them a path to citizenship (which I don’t agree with). Amazing! No more democrats will get my vote. They couldn’t care less about America, it’s citizens, retaining our freedoms, or our constitutional republic. All they care about is bringing in more dem voters as they’ve ticked off all of the legal ones. Hope someone starts enforcing the law that states that only CITIZENS of this country can vote in federal elections. That takes CA and all other states who allow illegals to vote out of the tally. God bless the USA and our current leaders. They are fighting pure evil and hatred.

  • Hope

    Amazing that we have so many judges with no respect for the Rule of Law. Have we officially arrived at Banana Republic level? We truly need term limits for everyone. We also need to be able to get rid of activist judges who are no longer doing their job of upholding the laws on the books.

  • Gregg Parker

    When will they publicly point out that DACA isn’t a policy? It wasn’t even an EO!! It was a memo!! It has no force of law and is a problematic illusion of legitimacy. Time to remove some judges I think. They have grossly over stepped their bounds!! ahem… Sessions????

  • usmcltc

    So, a President can issue an executive order establishing DACA, but the next President can NOT cancel that executive order ending DACA. What is wrong with this picture? Answer: EVERYTHING!

  • Joecolt

    Trump has to stop this Sh+t, Start Deporting every Illegal until the Democrats give us what is Absolutely Needed at the Border LIKE THE BORDER WALL, No Chain Migration, No Visa Lottery and anything Else we need to end all Illegals entering our Country, and Follow our Laws like we are supposed to. We can not Bypass Laws because some people or a Political PARTY WHATS TO USE A GROUP FOR A POLITICAL AGENDA , Like and New Democratic Voting Block. The Democrats are trying to give Illegals Rights that they don’t have. If We give Rights to Illegals then Citizenship means Nothing. and our Country and it’s Laws will also mean Nothing? Where does that leave the AMERICAN PEOPLE?