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ARTICLE · 19 FEBRUARY 2018

New York Court Blocks DACA Demise

Ogletree, Deakins, Nash, Smoak & Stewart
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On February 13, 2018, a U.S. district court in New York issued a nationwide preliminary injunction halting the Trump administration's efforts to end the Deferred Action for Childhood Arrivals (DACA) program.

United StatesImmigration

On February 13, 2018, a U.S. district court in New York issued a nationwide preliminary injunction halting the Trump administration's efforts to end the Deferred Action for Childhood Arrivals (DACA) program. President Donald Trump had announced the rescission of DACA on September 5, 2017. The program's end would result in the expiration of work authorization for DACA recipients. While that end has not been prevented by this latest development, the injunction offers DACA recipients concerned about the program's fate a temporary reprieve. In its ruling, the court found that the Department of Homeland Security (DHS), despite having the legal authority to end the program, nevertheless failed to offer legally adequate reasons for doing so as required under the provisions of the Administrative Procedure Act (APA). For now, the government will continue allowing DACA applications and renewal requests to proceed as had been the case prior to the rescission announcement.

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