A judge on Tuesday night temporarily blocked the United States government's decision to end a programme protecting young immigrants from deportation.
U.S. District Judge William Alsup granted a request by California and other plaintiffs to prevent President Donald Trump from ending the Deferred Action for Childhood Arrivals (DACA) programme while their lawsuits play out in court.
Mr. Alsup said lawyers in favour of the programme clearly demonstrated that the young immigrants “were likely to suffer serious, irreparable harm” without court action. The lawyers have a strong chance of succeeding at trial, he said.
The programme has protected about 800,000 people who were brought to the U.S. illegally as children or came with families who overstayed visas. It includes hundreds of thousands of college age students.
Earlier on Tuesday, Mr. Trump and congressional leaders from both parties met at the White House to discuss the programme and other immigration issues as they sought a bipartisan deal to avoid a government shutdown, which could occur in 10 days.
Mr. Trump suggested that an immigration agreement could be reached by addressing young immigrants and border security with what he called a “bill of love,” then by making comprehensive changes that have long eluded Congress.
U.S. Attorney General Jeff Sessions announced in September that the programme would be phased out, saying former U.S President Barack Obama had exceeded his authority when he implemented it in 2012.
The move sparked a flurry of lawsuits nationwide.
Mr. Alsup considered five separate lawsuits filed in northern California, including one by California and three other States, and another by the governing board of the University of California school system.
‘Important for the economy’
“DACA covers a class of immigrants whose presence, seemingly all agree, pose the least, if any, threat and allows them to sign up for honest labor on the condition of continued good behavior,” Mr. Alsup wrote in his decision. “This has become an important program for DACA recipients and their families, for the employers who hire them, for our tax treasuries, and for our economy.”
This echoed the judge’s comments from a court hearing on December 20, when he grilled an attorney for the Department of Justice over the government’s justification for ending the programme, saying many people had come to rely on it and faced a “real” and “palpable” hardship from its loss.
Mr. Alsup questioned whether the administration had conducted a thorough review before deciding to end the programme.
Brad Rosenberg, a Justice Department attorney, said the administration considered the effects of ending the programme and decided to phase it out over time instead of cutting it immediately.
Phasing out the programme
DACA recipients will be allowed to stay in the U.S. for the remainder of their two-year authorisations. Any recipient whose status was due to expire within six months also gets a month to apply for another two-year term.
The Justice Department said in court documents that the programme was facing the possibility of an abrupt end by court order, but Mr. Alsup was critical of that argument.
People took out loans, enrolled in school and even made decisions about whether to get married and start families on the basis of the programme and now face “horrific” consequences from the loss of the programme, said Jeffrey Davidson, an attorney for the University of California governing board.
“The government considered none of this at all when they decided to rescind DACA,” he said at the hearing.
DACA recipients are commonly referred to as “dreamers,” based on never-passed proposals in Congress called the DREAM Act that would have provided similar protections for young immigrants.
“Dreamers lives were thrown into chaos when the Trump Administration tried to terminate the DACA program without obeying the law,” California Attorney General Becerra said in a statement after Tuesday’s decision. “Tonight’s ruling is a huge step in the right direction.”
