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A federal judge has determined that a lawsuit seeking to preserve the Deferred Action for Childhood Arrivals (DACA) program can continue, citing President Donald Trump‘s “racially charged language” and his numerous “racial slurs” and “epithets.”
According to the New York Times, Judge Nicholas G. Garaufis of Federal District Court in Brooklyn has denied a motion filed by the Justice Department in October to dismiss a Brooklyn lawsuit against the administration. The motion argued that the suit’s plaintiffs failed to make a persuasive case for its argument—that Trump’s order to shut down DACA, the program allowing undocumented people who immigrated as children to live and work in the U.S. legally, was fueled by “racial animus” toward Latinx communities.
However, Garaufis’ order illustrated that he found merit in the lawsuit’s argument, saying that Trump’s previous “racial slurs” and “epithets” made as a Republican candidate and president created a “plausible inference” that ending DACA violated the Constitution’s equal protection clause.
“One might reasonably infer that a candidate who makes overtly bigoted statements on the campaign trail might be more likely to engage in similarly bigoted action in office,” the judge wrote.
On the campaign trail prior to the 2016 presidential election, then-candidate Trump referred to nationals sent by Mexico as “criminals” and “rapists,” and called Latinx immigrants “bad hombres” and “animals.” Trump has also previously criticized Judge Gonzalo P. Curiel, an American-born citizen, of being “biased” because of his Mexican heritage.
Garaufis previously ordered an injunction to DACA’s rescinding in February, allowing existing DACA recipients to reapply for the two-year documentation while the lawsuit plays out in court. His latest order also follows that of San Francisco Judge William Alsup, who filed a DACA injunction in January on the basis of Trump’s tweets in which the president expressed positive sentiments toward finding a solution for Dreamers, the young adults in the DACA program, to remain in the U.S.
Does anybody really want to throw out good, educated and accomplished young people who have jobs, some serving in the military? Really!.....— Donald J. Trump (@realDonaldTrump) September 14, 2017
Samantha Grasso is a former IRL staff writer for the Daily Dot with a reporting emphasis on immigration. Her work has appeared on Los Angeles Magazine, Death And Taxes, Revelist, Texts From Last Night, Austin Monthly, and she has previously contributed to Texas Monthly.