Photo Credit: Judge Nicholas Garaufis, courtesy of KEVIN C. DOWNS/FOR NEW YORK DAILY NEWS
“The Trump administration’s attempt to dismantle the Obama-era Deferred Action for Childhood Arrivals was met with another judicial blow Tuesday.
U.S. District Judge Nicholas Garaufis of the Eastern District of New York issued his own nationwide stay to the attempt last September to wind down the program aimed at protecting immigrants that arrived as youth. The decision adds a second layer of judicial impediment to efforts by the administration to bring those same protections to a halt.
The decision adds little new relief for defendants or similarly situated young immigrants who face uncertainty about previous protections. The order does, however, add another federal judge’s decision into the mix ahead of the U.S. Supreme Court’s review of whether to take up review of a previous injunction issued out of the U.S. District Court for the Northern District of California late last year.
The order also represents a win for immigrant rights organizations and the states involved in the suit. In a statement, New York Attorney General Eric Schneiderman, who is part of a 17-state coalition suing over the DACA recision that was part of Tuesday’s injunction order, called the order a victory for the 42,000 DACA recipients in New York and the hundreds of thousands nationwide.
‘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,’ Schneiderman said. ‘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.'”
To read the complete story published by the New York Law journal, click here.