A second federal judge has ruled against Trump on DACA, which Trump has been trying to get rid of even though there are pending court cases over it.
U.S. District Judge Nicholas Garaufis has said that Trump can’t end the program “pending a decision on the merits of these cases.”
He went on to say:
Defendants thus must continue processing both initial DACA applications and DACA renewal requests under the same terms and conditions that applied before September 5, 2017, subject to the limitations described below.”
Judge Garaufis said that Trump could eventually repeal DACA, but the reasons he gave back in September for doing so couldn’t stand up to scrutiny. The courts are saying that Trump’s decision to end DACA was illegal, and Emperor Orange can’t stand being told that he can’t do what he wants, when he wants, and how he wants. It’s just like Trump to try and do things without actually working them out first.
In fact, a DOJ spokesperson decided to go into full-on child mode and claim that Obama illegally created and implemented DACA and the courts didn’t stop him. DOJ’s statement sounds like so much whining and stomping because it’s not fair for the courts to harass Trump over DACA when they didn’t harass Obama. They said:
The Justice Department will continue to vigorously defend this position, and looks forward to vindicating its position in further litigation.”
It’s true that no court has ruled on whether DACA is constitutional, but Obama was sued over it. The suit was dismissed for lack of standing and the courts haven’t yet seen a case based on merits. But Trump, of course, has already appealed to the Supreme Court, probably hoping that they’ll side with him against the evil liberal lower courts.
New York Attorney General Eric Schneiderman celebrated this ruling, calling it a victory for the more than 42,000 DACA recipients living in New York. It’s a victory for DACA recipients everywhere because it means Trump can’t deport them until a final ruling is issued. Congress has been working on legislation to make DACA law (right now, it’s policy but not law), but that’s become a much longer road than it needs to be.
Featured image via Alex Wong/Getty Images