Second federal judge halts DACA termination

Posted February 14, 2018

The federal court judge said the White House could potentially repeal DACA, but that the evidence it provided in the case was "legally inadequate" to prove the program's unconstitutionality.

The president was referring to deadline he imposed, which says the Deferred Action for Childhood Arrivals (DACA) program protecting young immigrants from deportation would end.

The panel's opinion, authored by Judge Jon Newman, argued that even if Garaufis' personal beliefs were not going to cloud his judgment and handling of the trial, his comments were inflammatory enough that "an objective observer would have a reasonable basis to question the judge's impartiality".

The nationwide injunction from US District Judge Nicholas Garaufis - which comes amid debate in Congress over immigration and the future of DACA - covers the same ground as a January 9 injunction issued by a federal judge in California.

In a statement, U.S. Justice Department spokesman Devin O'Malley said DACA was implemented unilaterally by Trump's Democratic predecessor Barack Obama and thus unlawfully circumvented Congress.

In offering a path to citizenship for so-called Dreamers, Trump has exceeded the demands of opposition Democrats - but only in exchange for tough cutbacks on overall immigration and funding for a massive wall on the Mexican border. Then, Democrats would bring up legislation of their choosing. It's possible the Senate could be voting on amendments as soon as Tuesday afternoon.

Senate Majority Leader Chuck Schumer pooh-poohed the plan, saying it would "put unsustainable burdens on our local government & lead to #TrumpTolls all over the country, all while undermining important protections like #BuyAmerica". John McCain, R-Ariz., and Chris Coons, D-Del.

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Although the latest order doesn't go beyond the nationwide injunction issued by the judge in California last month, it gives the challengers more fuel as the Justice Department - which has already asked the US Supreme Court to take up the California decision - digs in for a fight.

Average age of DREAMers when they first entered the U.S.

"The sooner we get started the better, because we'll need to wrap this up this week", McConnell warned, citing the need to move on to other legislative priorities.

The disagreement means there could be several more hours of speeches before any votes occur.

"The president's framework is not an opening bid in negotiations". The group includes Senators Tom Cotton of Arkansas, John Cornyn of Texas and Iowa's Charles Grassley. Many Democrats consider some of the proposals, including limiting the relatives that legal immigrants can bring to the US, to be anathema. Since Trump's September decision about 100 recipients per day have lost their DACA status. We want them out.

"I can't imagine men and women of good will who begged this president to solve the problem of DACA" would oppose Trump's proposal, Kelly said.

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