U.S. District Judge Nicholas Garaufis in NY ruled Tuesday that Attorney General Jeff Sessions had "erred in concluding that DACA is unconstitutional" and granted a preliminary injunction sought by state attorneys general and immigrants who had sued the administration. However, the administration did not provide "legally adequate reasons for doing so".
The president then said, "We want to help DACA".
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. "Based on its review of the record before it, the court concludes that defendants have not done so", he wrote.
On Monday, Trump said he never wanted to tie budget talks to the Dreamers debate and now that the budget has been proposed, "we start very serious DACA talks today". But it must begin to process applications again.
Garaufis said that an injunction would "preserve the status quo ... rather than allowing severe social dislocations to unfold based on an agency decision that ... strongly appears to have been arbitrary and capricious".
The US department of justice didn't have an immediate comment on the decision.
The justices are weighing that request.
Tuesday's ruling, combined with a ruling from a California judge last month, means the program could end up going beyond the March 5 date. Created by the Obama administration through executive action in 2012, DACA now protects almost 700,000 Dreamers from deportation.
But in the months following, Mr. Trump had also said he would consider extending the March 5 deadline. Several Democrats have said Trump's plan is dead on arrival because it would so dramatically curb legal immigration.
"This bill is generous, humane, and responsible, and now we should send it to the president's desk", Cotton said in a statement. "We have been confused and at the end of the day, I think they've been using us as pawns", he added.
Instead, his decision holds that the administration likely violated a federal statute known as the Administrative Procedure Act by winding down DACA in an "arbitrary and capricious" manner. It has no chance of getting the 60 votes needed to survive.
Interest has, apparently, been strong even before the latest ruling.
That is not true, and the judge rejected it, "said Evarts".
Jorge-Mario Cabrera, the group's spokesman, said they've already helped 310 people apply for renewals. Sherrod Brown, (D-Ohio) that he could see a bipartisan approach on infrastructure "more so than DACA".
Garaufis said his order, which like Alsup's applies nationwide, doesn't mean that any DACA applicant must be automatically granted an extension nor does it prevent the U.S. from revoking individual DACA recipients' deferred deportation status.