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Saturday, December 9, 2023

Judge says ‘no way’ to Trump on attempts to remove DACA protections


In what has become a pattern of the failed administration of president Donald Trump, another federal judge Tuesday put a temporary halt on another autocratic attempt to reverse law simply because he hates any action for former president Barack Obama.

U.S. District Judge William Alsup issued a nationwide preliminary injunction blocking Trump’s attempt to eliminate a program that blocks deportation of young documented immigrants.

Alsup’s decision stops, for the time being. attempts by attorney general Jeff Sessions to rescind applications to renew protections for 690,000 immigrants under the Deferred Action for Childhood Arrivals programs.

Not going to happen that way, the judge said.  Because a lawsuit is pending, anyone wit DACA status is protected and renewals must be granted.

Alsup issued no ruling on the merits of the case but said plaintiffs in the lawsuit face “irreparable harm” by any action of the Trump administration ended DACA before the legal matters are resolved.

“Plaintiffs have clearly demonstrated that they are likely to suffer serious irreparable harm absent an injunction,” Alsup said in his opinion. “Before DACA, Individual Plaintiffs, brought to America as children, faced a tough set of life and career choices turning on the comparative probabilities of being deported versus remaining here. DACA gave them a more tolerable set of choices, including joining the mainstream workforce.”

As has happened with previous court rulings on other matters, Judge Alsup pointed to Trump’s Twitter “tweets” as contradictions that show the president supports DACA.

“Congress now has 6 months to legalize DACA (something the Obama Administration was unable to do). If they can’t, I will revisit this issue!” Trump said in one.

And another: “Does anybody really want to throw out good, educated and accomplished young people who have jobs, some serving in the military? Really!”

California Attorney General Xavier Becerra and attorneys general for Maine, Maryland and Minnesota, as well as the University of California, DACA recipients and others filed the lawsuit.  About 200,000 residents of California have protections under DACA.

Beccaa said the Trump administration failed to follow the law in rescinding DACA and would cause irreparable harm by forcing immigrants to leave jobs, drop out of school and potentially be deported.

‘The ruling is an affirmation of the principle that no one is above the law,” Becerra told The Washington Post. “We said it from the very beginning: Donald Trump and this administration did not follow the rules in trying to abandon the DACA program.”

Trump’s move brought strong criticism from Democrats and Republican moderates along with many Americans and sparked an intense battle between the White House and Congress.

Trump’s rulings by executive actions have run into reversals from federal courts, including his attempts to block immigration by Muslims and others he calls “potential terrorists.”  Critics call his attempts “bigotry.”


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