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A federal court in New York just granted a preliminary injunction in the DACA case. This is the action brought by 17 state attorneys general to block the Trump administration’s decision to abruptly end the Deferred Action for Childhood Arrivals program.
In pertinent part:
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BREAKING: a New York federal judge just enjoined Trump's rollback of DACA in a win for @NILC_org and immigrant plaintiffs. California has also enjoined the policy, and the DOJ is seeking immediate SCOTUS review. pic.twitter.com/4rNUpDyUVf
— Nicole Narea (@nicolenarea) February 13, 2018
I really caution progressives from getting too excited about all of this. The key to the state AG case is that the Trump administration’s attempts to end DACA are procedurally flawed. That’s a fine argument, but nobody is really arguing that Trump doesn’t, ultimately, have the authority to end this program.
The Trump administration might be marked by incompetent lawyering to this point, but the fate of 700,000 people who are Americans in all but name cannot rest on Trump being too stupid to figure out how to legally deport them.
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Eventually, we need an actual solution for the DACA issue. But that will take Democrats willing to sacrifice other priorities to make sure these brown people have protection. So far, the party has been unwilling to risk that.
Today’s ruling just gives Congress more time to continue to ignore the issue. I’m not sure that’s a good thing.
Elie Mystal is the Executive Editor of Above the Law and the Legal Editor for More Perfect. He can be reached @ElieNYC on Twitter, or at [email protected]. He will resist.