Trump's Statements Focused On, Propelling DACA Suit Forward
U.S. District Judge Nicholas Garaufis found that Trump's disparaging statement's during the campaign were enough to justify proceeding under an equal protection claim.
March 29, 2018 at 04:50 PM
4 minute read
President Donald Trump
A suit in New York over the Trump administration's decision to wind down the Obama-era Deferred Action for Childhood Arrivals immigration policy will proceed after the Brooklyn federal judge overseeing a pair of overlapping suits declined on Thursday to grant the Justice Department's request to dismiss the claims.
On the most substantial portion of the allegations—that the decision to shutter the program was arbitrary and capricious under the Administrative Procedure Act and motivated by discriminatory animus, in violation of the Constitution—U.S. District Judge Nicholas Garaufis of the Eastern District of New York found the plaintiffs had raised sufficient facts to allow the suits to go forward.
Garaufis did provide the Trump administration some relief. He narrowed the claims raised by the plaintiffs, one a private individual joined by immigrant defense organizations in one suit and the other a number of state plaintiffs led by New York's attorney general in another. The court found claims that the rescission decision should be seen as a legislative rule, rather than a statement of policy, and thus a violation of the Administrative Procedure Act, unavailing.
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