Posted on January 10, 2018
Trump Must Keep DACA Protections for Now, Judge Says
A federal judge has ordered the Trump administration to restart the DACA program, which protects young undocumented immigrants https://t.co/DscM2JXBXx
— The New York Times (@nytimes) January 10, 2018
In the middle of an intense political fight about the program that shields from deportation young immigrants who were brought illegally to the United States as children, a federal judge in California issued a nationwide injunction late Tuesday ordering the Trump administration to start the program back up again. Saying the decision to kill it was improper, Judge William Alsup of Federal District Court in San Francisco wrote that the administration must “maintain the DACA program on a nationwide basis” as the legal challenge to the president’s decision goes forward. In his ruling, Judge Alsup questioned the administration’s contention that the DACA program had not been put into place legally. He asserted that the secretary of the Department of Homeland Security has long had the authority to grant the kind of temporary protections that formed the basis of the program. The judge wrote that previous beneficiaries of DACA, known as Dreamers, must be allowed to renew their status in the program, though the government will not be required to accept new applications from immigrants who had not previously submitted one. The judge also said the administration could continue to prevent DACA recipients from returning to the United States if they leave the country. Camille Mackler, the director of immigration legal policy at the New York Immigration Coalition, said that while advocates were relieved that more DACA recipients would be able to renew their membership, they expected the government to appeal the judge’s ruling. In the meantime, she said, only legislation offering legal status to Dreamers would suffice to protect them. “This is not a win for us,” Ms. Mackler said. “We’re obviously glad that this is going to provide some relief, but what we really need is a clean Dream Act,” a reference to a bill that only legalizes the young immigrants without also imposing other immigration changes that Republicans are demanding.