The ruling stems from a lawsuit filed by AG Healey and a coalition of 16 other attorneys general in the U.S. District Court for the Eastern District of NY in September 2017 to defend the DACA program. His ruling mirrors one issued in San Francisco in January.
Trump past year announced his plan to end DACA, the policy that allowed undocumented immigrants brought to the USA as children to stay in the country, effective March 5.
The ruling by U.S. District Judge Nicholas Garaufis in Brooklyn is the second court ruling blocking the administration's September order rescinding the program known as Deferred Action for Childhood Arrivals.
President Donald Trump's move to end a program protecting hundreds of thousands of children of undocumented immigrants from deportation was blocked by a federal judge in NY.
As NPR's Joel Rose reports, "Garaufis said the administration can rescind DACA".
And he said the administration doesn't have to approve any specific DACA applications.
"It's not just an ad hoc comment that was overheard on an open mic", the judge said.
The two court rulings allow for DACA to temporarily remain in force, allowing program recipients to submit renewal applications. The government has even asked for the Supreme Court to take the case, skipping over the 9th U.S. Circuit Court of Appeals. If you are willing to accept the idea that the President can summon such a program into existence with the stroke of a pen rather than through the passage of new legislation by Congress, then you're on thin ice saying that a subsequent president can't modify or terminate the program in the same way.
Garaufis, however, said the government was "erroneous" in its conclusion that DACA was unconstitutional and that it violated the Administrative Procedures and Immigration and Nationality acts.
In a statement, U.S. Justice Department spokesman Devin O'Malley said DACA was implemented unilaterally by Trump's Democratic predecessor Barack Obama and thus unlawfully circumvented Congress. But he followed that up by ruling that the government still had to accept renewal applications from people now in the program.