The judge’s injunction allows those whose legal status has expired to apply for renewal.
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A federal judge in California has blocked deportation of participants in the Deferred Action for Childhood Arrivals program, allowing those whose legal status has expired to apply for renewal until a court challenge of the Trump administration’s cancellation of the program is resolved.
The injunction essentially pauses a Trump plan to end DACA, which provides 2-year work permits and protection from removal for some young undocumented immigrants brought to the country as children.
California Attorney General Xavier Becerra, along with other attorneys general and the University of California, asked for the injunction in November while the underlying court case moves forward.
“Dreamers’ lives were thrown into chaos when the Trump administration tried to terminate the DACA program without obeying the law,” Becerra said. The “ruling is a huge step in the right direction.”
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U.S. District Judge William Alsup found that harm would be done if termination of the program began and that the public interest is better served by waiting until the case is decided. Alsup said Washington’s decision was “arbitrary and capricious” and could result in a successful challenge. He wrote: “Plaintiffs have clearly demonstrated that they are likely to suffer serious irreparable harm absent an injunction.”
The White House pushed back, calling the injunction “outrageous.”
On Sept. 5, U.S. Attorney General Jeff Sessions announced that DACA would be terminated in March. The judge’s ruling allows anyone who had DACA status as of that date to submit a renewal application.
Advocates for immigrants are now scrambling to find out when they can begin to re-apply and said it would be up to the Department of Homeland Security.
There are about 690,000 DACA recipients, about 200,000 of them in California.
Becerra said the ruling could give Congress more leverage to try to get DACA renewed without burdening a proposal with compromises that Trump wants, such as a border wall or more border security.