The order from federal District Court Judge Nicholas G. Garaufis in NY comes as Congress debates legislation that would allow up to 1.8 million undocumented immigrants brought to the U.S.as children, known as "Dreamers", to gain legal status rather than face possible deportation.
Another US judge has blocked an order by President Donald Trump to end a programme to protect migrants who were brought to the US as children from deportation. The preliminary injunction issued today orders the Trump Administration to maintain the DACA program on the same terms and conditions for those already participating.
The president then said, "We want to help DACA".
The new GOP plan also includes a number of restrictions on federal judges, to keep them from overturning decisions made by immigration officials on visa revocations, naturalization applications, as well as other specific immigration decisions by the Secretary of Homeland Security. "If they can't, I will revisit this issue!"
DACA recipients serving in the military.
Garaufis, in a footnote, questioned whether Sessions' conclusion that the program was unconstitutional reflected the administration's position. 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.
NY attorney general Eric Schneiderman hailed the decision, saying, "federal courts from coast to coast have now reviewed the record and reached the same conclusion: President Trump's decision to rescind DACA was illegal".
"During a week when the Senate is having a battle over immigration, we now have two judges saying that what happened on September 5 was not justified", said Marisol Orihuela, a lawyer from the Jerome N. Frank Legal Services Organization at Yale Law School.
Garaufis' ruling in favor of Dreamers and a coalition of attorneys general led by New York Attorney General Eric Schneiderman is the latest twist in the status of DACA.
This week the Supreme Court is set to meet behind closed doors to discuss whether to take up the Trump administration's appeal of the related case. That program granted the right to work and stay in the USA without fear of deportation to about 700,000 young immigrants. Chuck Grassley and others that includes the President's proposal to grant a pathway to citizenship to the young undocumented immigrants who came to the U.S. as children who were covered by DACA, but also includes upwards of $25 billion for border security, hardline immigration enforcement and substantial cuts to legal immigration - the latter part of which has been uniformly opposed by Democrats and some Republicans.
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