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Nicholas Garaufis Judge Nicholas Garaufis.

U.S. District Judge Nicholas Garaufis of the Eastern District of New York made clear during a hearing Tuesday in the Deferred Action for Childhood Arrivals rescission suit that attempts by the Justice Department to treat the matter like an “ordinary” agency decision were going to fail.

“How can I do that,” Garaufis asked Stephen Pezzi, a DOJ trial attorney presenting on behalf of the government, given the “injurious and unfair” comments made by Donald Trump before and after becoming president. The president’s statements about Latinos, Mexicans and other foreigners were “extreme,” “vicious,” and “recurring,” the judge said.

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Colby Hamilton

B. Colby Hamilton is a litigation reporter for the New York Law Journal and Law.com.

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