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Home / US / Citing Trump's "Racial Slurs," the judge says the DACA can be retained

Citing Trump's "Racial Slurs," the judge says the DACA can be retained



In February, Judge Garaufis issued an interim injunction ordering the Trump administration to retain the DACA, considering the legal merits of the lawsuit. This order followed a similar one issued in January by Judge William Alsup of the Federal District Court in San Francisco hearing a separate but related lawsuit.

Thursday's verdict has taken the New York process a step further, with Judge Garaufis considering the key claims of the suit. It did not provide the plaintiffs with any conclusive benefit, but only allowed the case to proceed in the direction of a verdict or trial. But it was notable for its strong language, suggesting that there might have been an inappropriate racial motivation to lift the DACA program.

Of the nearly 800,000 immigrants protected by DACA, known as dreamers, more than 90 percent are from Latin America and nearly 80 percent are originally from Mexico. In his order, Judge Garaufis explicitly mentioned Mr. Trump's statements that Mexico sent "criminals" and "rapists" to the United States, and his verbal attacks on a US-born lawyer of Mexican descent, Judge Gonzalo P. Curiel of the San Diego district court , Judge Garaufis also cited Trump's claims ̵

1; both before and after his inauguration – that Latino immigrants are "animals" and "bad hombres".

While the judge stated that racial prejudice was particularly apparent in "campaign explanations" "Was a potentially complicated process that could lead to a" conclusive hunt ", he concluded that his court" did not put his head in the sand could be faced with obvious prejudice. "

In a separate section of Judge Garaufis's ruling, the decision to repeal DACA violated the Administrative Procedure Act, a federal law that prevents the government from arbitrarily, arbitrarily, or arbitrarily without rational justification.

The plaintiffs immediately welcomed the decision as another victory in this case.

"We are pleased that the court has ruled that our substantive protection and the APA claims can persist", said Amy Spitalnik, spokeswoman for Eric T. Schne iderman, New York State Attorney General, "We're glad n look forward to continuing our lawsuit to protect the businesses, economics and institutions of Dreamers and New York. "

Jessica Hanson, a lawyer for the National Immigration Law Center, said that the ruling" reaffirms our brave Claimants are alleged that the decision to terminate DACA was rooted in Trump's bias against Latinos.

Devin O & M Malley, a Justice Department spokesman, did not address Judge Garaufi's criticism of Mr. Trump, saying in a statement that the DACA was "an illegal evasion of Congress" and that the Trump administration "within their rightful authority" is to terminate them.

"The Department of Justice will continue to vigorously defend this position," said Mr O Malley, adding, "and looks forward to defending his position in further litigation.

Judge Garaufis' decision was not the first to cite Mr Trump's public statements. Judges around the country have also mentioned the president's tweets and remarks while issuing orders for his travel ban and deciding to exclude transgender people from military service.

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