A second federal judge has blocked President Trump’s decision to cancel DACA, dealing another blow to the president’s efforts to end protections for nearly 800,000 undocumented young people who came to the U.S. as children.
The injunction issued Tuesday by U.S. District Judge Nicholas Garaufis in Brooklyn mirrors a separate ruling handed down last month in California. The second injunction marks a win for Trump’s opponents, who have used the courts to defend DACA, even as the White House has attempted to use the March 5 deadline set by the president, as leverage to win concessions on border security and immigration from Democrats in Congress.
It could also complicate Trump’s own efforts in the courts since his administration has asked the Supreme Court to take the unusual step of overturning the first injunction, issued by U.S. District Judge William Alsup. The Supreme Court could decide as soon as Friday whether it will hear the administration’s request.
Trump said he would cancel DACA back in September, claiming it was unconstitutional and the plan was that DREAMers whose permits were set to expire after March 5 would be unable to apply for renewal, creating that deadline for Congress to act before people began losing protections.
These injunctions are just a stop-gap solution for DACA recipients. Although they can still apply for renewal, it can take months for permits to be reviewed and approved, and people’s protections are likely to lapse in the meantime. And, of course, the Trump administration is fighting to overturn the rulings and go back to rejecting applicants.
In a statement, Justice Department spokesman Devin O’Malley responded, “Today’s order doesn’t change the Department of Justice’s position on the facts: DACA was implemented unilaterally after Congress declined to extend these benefits to this same group of [undocumented immigrants].”
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