Judge Garaufis’ statement was not a court order, but it was a potent hint of his position toward the decision to rescind DACA, a matter that arrived in his court last week when immigration lawyers filed a federal complaint saying that ending the program was an “arbitrary, capricious” move “based upon animus toward Latinos.” The complaint, which revived a prior lawsuit filed in support of DACA last year, was the first legal assault on the program’s repeal. A day after it was filed, a group of 16 Democratic state attorneys general submitted a similar suit opposing the rollback, which has also ended up in front of Judge Garaufis.
At the hearing, Judge Garaufis, who was appointed by President Bill Clinton, said that “the ultimate outcome of this case should not be heard by a court of law — it should be handled by the political branches.” But he sternly warned that if Mr. Trump and Congress were unable to reach a solution, he might be compelled to “protect” the 800,000 young immigrants who stand to be affected.
Early Thursday morning, Mr. Trump posted a message on Twitter that seemed supportive of DACA and the immigrants it protects, who are commonly known as Dreamers. “Does anybody really want to throw out good, educated and accomplished young people who have jobs, some serving in the military? Really!” Mr. Trump wrote.
Judge Garaufis quoted the tweet as he suggested to the lawyer who argued on the government’s behalf that Mr. Trump himself apparently wanted to save DACA and should be allowed to do so without imposing a strict and arbitrary deadline. “There’s no harm, in this court’s view, in letting the legislative process play out and extending the deadline,” he said.
But the federal government lawyer, Brett Shumate, a deputy assistant attorney general , said that any move by Judge Garaufis to change the deadline could be considered “interference with the executive branch’s prerogatives.”
Mr. Shumate added that the government had set the deadline because some Republican state attorneys general had threatened to sue to end the program. He also said that the suit seeking to preserve DACA had “fundamental flaws.” He did not specify those flaws but promised that the government would likely file a motion to dismiss the suit.
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