WASHINGTON – In the midst of an intense political struggle against the program that protects young immigrants illegally brought illegally to the United States, a federal judge in California issued a national injunction Tuesday night ordering the Trump administration to resume The program Judge William Alsup of the San Francisco District Court of San Francisco said that the administration must "maintain the DACA program nationwide" as the court challenge to the president's ruling.
President Barack Obama created the Deferred Action Plan for Child Arrivals, known as the DACA, in 2012 to also give immigrant youth the ability to work legally in the United States. United States. President Trump passed and ended the program in September, declaring that Obama's actions were unconstitutional and went beyond the executive branch.
This decision sparked a fierce debate in Washington as Democrats. Republicans are wondering how to help some 800,000 immigrants who may be facing expulsion at the end of the program on March 5th. Mr Trump met with lawmakers on Tuesday afternoon during a remarkable one – hour television meeting to begin negotiations. Critics of the president's decision to terminate the policy, including several states and organizations, had already sued the administration, claiming that the closure of the program was arbitrary and made without following appropriate legal procedures.
One of the leading plaintiffs in the case, Janet Napolitano, is currently the president of the sprawling system of the University of California Colleges, but served as the Secretary of Homeland Security for Mr. Obama in 2012 and was an architect of the DACA program
In his ruling, Justice Alsup questioned the assertion of the administration that the DACA program had not been put in place. place legally. He asserted that the Secretary of the Department of Homeland Security had long been empowered to grant the type of temporary protections that formed the basis of the program.
Judge Alsup also quoted several articles on Twitter from Mr. Trump that expressed support for the program. He noted that in September, the president wrote, "Does anyone really want to throw up good, educated and accomplished young people who have jobs, some serving in the military?" Really! "Such tweets, according to the judge, reinforce the idea that maintaining the program is in the public interest.
The judge writes that former DACA beneficiaries, known as Dreamers must be allowed to renew their status in the program, although the government will not be obliged to accept new applications from immigrants who have not already submitted one. also stated that the administration could continue to prevent the recipients of DACA from returning to the United States as they leave the country.
It is not clear what legal effect the decision of the Judge, but the Trump administration They were heading for more intense legal wrangles like those that followed the President's travel bans
A spokesman for the Department of Justice, Devin O & # 39; Malley, said the decision does not change do not have the position of the ministry.
"The DACA was implemented unilaterally after Congress refused to extend these benefits to this same group of illegal aliens," he said. "As such, it was an illegal circumvention of Congress, and was susceptible to the same legal challenges that actually ended the DACA, so the Department of Homeland Security acted as part of its Legal authority in deciding to dismantle DACA in an orderly manner Promoting and enforcing the rule of law is essential to protect a nation, its borders and its citizens. "
The administration could quickly appeal to the judge's decision, hoping that a court of appeal would prevent the injunction from taking effect and allowing the closure of the program e DACA as the President announced in September.
But such a decision could itself be appealed to the Supreme Council. Court, potentially linked the fate of the DACA program in the lawsuit for days, weeks or more.
In any case, the decision could have a serious political effect.
If the court order to revive the DACA program, it could put pressure on Republicans and Democrats to find a political solution for young immigrants who could be deported if the program ends.
Almost immediately after the president canceled the DACA program in September, Mr. Trump expressed his sympathy for immigrant youth who were children when their parents brought them illegally to the country. Trump reiterated his sympathies Tuesday at the White House meeting
Democrats have seized the president's attitude, urging their Republican colleagues to support legislation that would definitively legalize Dreamers to work in the states United States, and give The Conservatives say that this would amount to an amnesty program for offenders, and some Republicans in Congress have lobbied for other changes in immigration before supporting the Legislation for Dreamers.
In particular, Republicans at the White House meeting demanded an end to the rules that allow immigrants to sponsor their extended family members – aunts, uncles, cousins - to enter the United States. United. And they want to end a State Department visa lottery program that gives priority to legal immigration from some countries in Africa and elsewhere.
Democrats warned that demands for these measures could undermine the support of their party. potentially threatening a budget deal needed to keep the government open after this month.
Xavier Becerra, the California Attorney General and a former Democratic congressional representative, brought a lawsuit to prevent the administration from terminating the DACA program. He hailed the judge's decision in a statement
"Today's decision is a big step in the right direction," said Mr. Becerra. "We will fight each round for their rights and opportunities so that they can continue to contribute to America."
But some advocates have expressed concern that well-intentioned legal efforts could undermine the effort to obtain permanent relief. Camille Mackler, director of immigration legal policy at the New York Immigration Coalition, said that while supporters were relieved that more DACA beneficiaries could renew their membership, they expected the Government Meanwhile, she said, only a law offering legal status to the Dreamers would be enough to protect them
"This is not a victory for us," Ms. Mackler said. I said. "We are obviously happy that this may bring some relief, but what we really need is a clean dream law," a reference to a bill that only legalizes young people immigrants without imposing other immigration changes claimed by Republicans.
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