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Brooklyn judge blasts feds as ‘heartless’ over refusal to change DACA deadline

  • Protesters held signs in support of DACA in front of...

    AARON P. BERNSTEIN/Reuters

    Protesters held signs in support of DACA in front of the Trump property on Sept. 5, 2017.

  • Trump's decision has been met with fierce backlash not just...

    Andrew Savulich/New York Daily News

    Trump's decision has been met with fierce backlash not just in New York, but across the country.

  • Immigrants and supporters demonstrate during a rally in support of...

    ERIC BARADAT/Getty Images

    Immigrants and supporters demonstrate during a rally in support of the Deferred Action for Childhood Arrivals (DACA) in front of the White House on September 5, 2017 in Washington, D.C.

  • Garaufis said DACA's end didn't only affect its estimated 800,000...

    Kevin C Downs/For New York Daily News

    Garaufis said DACA's end didn't only affect its estimated 800,000 recipients, it affected their families, employers and communities.

  • "Dreamer" Gloria Mendoza (r) wipes back tears after learning of...

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    "Dreamer" Gloria Mendoza (r) wipes back tears after learning of Trump's decision to end the DACA program while at a protest near Trump Tower on Sept. 5, 2017.

  • Two women are handcuffed as they blocked Fifth Avenue during...

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    Two women are handcuffed as they blocked Fifth Avenue during a protest against Trump's decision to end DACA on Sept. 5, 2017.

  • A man is led away by police officers during the...

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    A man is led away by police officers during the protests outside Trump Tower.

  • Immigrants and supporters stepped out in the early morning on...

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    Immigrants and supporters stepped out in the early morning on Sept. 5, 2017, not long before U.S. Attorney General Jeff Sessions announced the decision to end the program. Sessions said the administration would work to wind-down DACA as Congress works to replace it with a new immigration policy.

  • Supporters of the Deferred Action for Childhood Arrivals, or DACA...

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    Supporters of the Deferred Action for Childhood Arrivals, or DACA chant slogans and hold signs while joining a Labor Day rally in downtown Los Angeles.

  • Demonstrators hold signs during a protest in front of the...

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    Demonstrators hold signs during a protest in front of the White House after the Trump administration scrapped the Deferred Action for Childhood Arrivals on Sept. 5, 2017.

  • Protesters blocked traffic on 5th Ave. near the Trump Tower...

    Andrew Savulich/New York Daily News

    Protesters blocked traffic on 5th Ave. near the Trump Tower to protest the President's decision.

  • Activists hold signs reading, "Support DACA" outside the Trump Tower...

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    Activists hold signs reading, "Support DACA" outside the Trump Tower in Manhattan on Sept. 5, 2017.

  • Protesters came out in full force to support to the...

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    Protesters came out in full force to support to the Deferred Action for Childhood Arrivals, also known as DACA, on Sept. 5, 2017 - as Trump's administration announced the end of the program that protects young immigrants.

  • Immigrants and supporters march through Washington, D.C. to support the...

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    Immigrants and supporters march through Washington, D.C. to support the DACA program and denounce Trump's decision to end it on Sept. 5, 2017.

  • Protesters block traffic near Trump Tower during a rally to...

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    Protesters block traffic near Trump Tower during a rally to condemn the President's decision to end DACA on Sept. 5, 2017.

  • Protesters holding signs in support of the program, which protected...

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    Protesters holding signs in support of the program, which protected hundreds of thousands brought into the country illegally as children, condemned Trump's decision.

  • Immigrants and supporters of the program march through the streets...

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    Immigrants and supporters of the program march through the streets of Manhattan with signs in support of the "Dreamers" program.

  • A young demonstrator attended the rally to support DACA in...

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    A young demonstrator attended the rally to support DACA in Washington, D.C. on Sept. 5, 2017.

  • A woman waving flags demonstrates with immigrants and supporters during...

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    A woman waving flags demonstrates with immigrants and supporters during a rally in support of the Deferred Action for Childhood Arrivals (DACA) program in front of the White House on September 5, 2017 in Washington, D.C.

  • Immigrants and supporters demonstrate during a rally in support of...

    ERIC BARADAT/Getty Images

    Immigrants and supporters demonstrate during a rally in support of the Deferred Action for Childhood Arrivals in front of the White House on September 5, 2017 in Washington, D.C.

  • One protester wipes away tears following the end of DACA,...

    AARON P. BERNSTEIN/Reuters

    One protester wipes away tears following the end of DACA, which has protected countless young immigrants.

  • Protesters gathered outside the Trump International Hotel in Washington D.C....

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    Protesters gathered outside the Trump International Hotel in Washington D.C. to protest the President's decision to end DACA on Sept. 5, 2017.

  • People are led to an NYPD vehicle after they are...

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    People are led to an NYPD vehicle after they are handcuffed following a protest on Trump's decision to end the DACA program.

  • A woman is put in handcuffs during the protests in...

    Andrew Savulich/New York Daily News

    A woman is put in handcuffs during the protests in Manhattan on Sept. 5, 2017. Around 30 other people were also handcuffed.

  • Immigration activists sat in the street and blocked traffic on...

    Drew Angerer/Getty Images

    Immigration activists sat in the street and blocked traffic on 5th Avenue near the Trump Tower to protest the President's decision to end DACA on Sept. 5, 2017.

  • Following the decision to end DACA, supporters and "dreamers" react...

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    Following the decision to end DACA, supporters and "dreamers" react to the news as they hold signs promoting the program.

  • Activists pray at the wall between Mexico and US during...

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    Activists pray at the wall between Mexico and US during a protest against the possibility of deportation of dreamers included in DACA program in Playas de Tijuana, Baja California, Mexico on September 4, 2017, the day before Trump's administration confirmed the decision.

  • Protesters gathered outside the White House following the decision on...

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    Protesters gathered outside the White House following the decision on Sept. 5, 2017.

  • Paola Soria (l) and Karla Collaguazo somberly listen to the...

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    Paola Soria (l) and Karla Collaguazo somberly listen to the news that the DACA program, which had protected them before, will end.

  • People are led away in handcuffs during the protests in...

    Jefferson Siegel/New York Daily News

    People are led away in handcuffs during the protests in Manhattan on Sept. 5, 2017.

  • Thousands of undocumented immigrants brought to the U.S. by their...

    Richard Vogel/AP

    Thousands of undocumented immigrants brought to the U.S. by their parents when they were children, also known as "Dreamers," may be forced to return to a country they do not know if President Donald Trump and his administration follow through on plans to end the Obama-era Deferred Action for Childhood Arrivals program.

  • A woman holds a sign reading, "Pray with Dreamers" during...

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    A woman holds a sign reading, "Pray with Dreamers" during a rally supporting DACA. The immigrants protected by the program were often referred to as dreamers.

  • A woman is led away in handcuffs during the protests...

    John Moore/Getty Images

    A woman is led away in handcuffs during the protests in Manhattan on Sept. 5, 2017.

  • NYPD officers attempt the clear the street as activists block...

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    NYPD officers attempt the clear the street as activists block traffic on Sept. 5, 2017.

  • Brooklyn Federal Judge Nicholas Garaufis said "You can't come into...

    Kevin C. Downs/for New York Daily News

    Brooklyn Federal Judge Nicholas Garaufis said "You can't come into court to espouse a position that is heartless," after U.S. Justice Department lawyers told him they stand by the Oct. 5 DACA deadline.

  • Immigrants and supporters rally in support of the DACA program...

    FREDERIC J. BROWN/Getty Images

    Immigrants and supporters rally in support of the DACA program and to condemn President Trump for his decision to end it in Los Angeles on Sept. 5, 2017.

  • One protester holds a sign reading, "Shame on you Trump....

    FREDERIC J. BROWN/Getty Images

    One protester holds a sign reading, "Shame on you Trump. Shame" in Los Angeles during a protest.

  • Activists pray at the wall between Mexico and US during...

    GUILLERMO ARIAS/Getty Images

    Activists pray at the wall between Mexico and US during a protest against the possibility of deportation of dreamers included in DACA program in Playas de Tijuana, Baja California, Mexico on September 4, 2017.

  • Dayana Arrue (l), Sofia Ruales (c), and Erica Ruales, all...

    Drew Angerer/Getty Images

    Dayana Arrue (l), Sofia Ruales (c), and Erica Ruales, all "dreamers" originally from Ecuador, listen to Attorney General Jeff Sessions' remarks on ending the Deferred Action for Childhood Arrivals program on a smartphone in Manhattan on Sept. 5, 2017.

  • Supporters of the Deferred Action for Childhood Arrivals, or DACA...

    Richard Vogel/AP

    Supporters of the Deferred Action for Childhood Arrivals, or DACA chant slogans and carry signs in downtown Los Angeles.

  • Supporters of the Deferred Action for Childhood Arrivals (DACA) chant...

    Richard Vogel/AP

    Supporters of the Deferred Action for Childhood Arrivals (DACA) chant slogans and carry signs while joining a Labor Day rally in downtown Los Angeles.

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The federal government isn’t budging from an Oct. 5 renewal deadline for “Dreamers” — and a judge isn’t happy with the decision.

U.S. Justice Department lawyers told Brooklyn Federal Judge Nicholas Garaufis that authorities were going to stick with the deadline, which will let certain DACA recipients apply to extend their two-year protected status.

“It’s unacceptable to me, quite frankly, as a human being and as an American. I’m just glad I was born in Patterson, New Jersey, and not Mexico City,” Garaufis responded.

“You can’t come into court to espouse a position that is heartless.”

Garaufis said DACA's end didn't only affect its estimated 800,000 recipients, it affected their families, employers and communities.
Garaufis said DACA’s end didn’t only affect its estimated 800,000 recipients, it affected their families, employers and communities.

There are some 800,000 Deferred Action for Childhood Arrivals in the country, known as Dreamers. Immigration advocates say more than 150,000 Dreamers are affected by the upcoming deadline.

When the judge met weeks earlier with lawyers for the government and Dreamers fighting the halt, he strongly urged a pause on the renewal deadline.

On Tuesday, Justice Department lawyer Brett Shumate said the decision to stick with the deadline was “not made lightly.” Still, the purpose was to kick off an “orderly wind down” of the program.

Garaufis said DACA’s end didn’t only affect its estimated 800,000 recipients, it affected their families, employers and communities.

The recipients were “making the country stronger,” Garaufis said. He arranged schedule for the sides to file their arguments on the case, which will stretch into January.

Outside court, Justin Cox of the National Immigration Law Center, one of the plaintiffs’ lawyers, said no decision had been made about filing a quick push to stop the renewal deadline, or just litigating the case on its normal track.