Judge Garaufis explained that the program did not violate the Constitution “simply because it was implemented by unilateral executive action…” Additionally, the judge said “the Executive Branch has wide discretion not to initiate or pur
He ordered the Trump administration to “maintain the DACA program on the same terms and conditions that existed prior to the promulgation of the DACA Rescission Memo.”
However, the judge made it clear that the order is subject to limitations. The Trump administration does not need to consider new applications for DACA. It does not need to continue granting advance parole to the beneficiaries of the program. It may adjudicate renewal requests on a case-by-case individual basis.
Last month, Judge William Alsup of the U.S. District Court for the Northern District of California ordered a nationwide preliminary injunction to block the decision to rescind DACA.
A victory for Dreamers
In a statement, AG Schneiderman said the court’s ruling is a victory for Dreamers across the country. New York has more than 42,000 Dreamers.
