Nicholas Garaufis

Nicholas George Garaufis (born September 28, 1948) is a Senior United States District Judge of the United States District Court for the Eastern District of New York.

Nicholas Garaufis
Senior Judge of the United States District Court for the Eastern District of New York
Incumbent
Assumed office October 1, 2014
Judge of the United States District Court for the Eastern District of New York
In office May 25, 2000 – October 1, 2014
Appointed by	Bill Clinton
Preceded by	Charles P. Sifton
Succeeded by	LaShann Moutique DeArcy Hall
Personal details
Born	Nicholas George Garaufis September 28, 1948 Paterson, New Jersey
Education	Columbia University (BA) Columbia Law School (JD)

Early life and education

Garaufis was born in Paterson, New Jersey, to Demetria (1924–2011) and George Garaufis (1919–2007). His father was a civil engineer and his mother was the district office manager for Republican Congressman Seymour Halpern.[1] His grandparents were Greek immigrants.[2]

Garaufis graduated from Columbia College of Columbia University in 1969 with a Bachelor of Arts degree and received his Juris Doctor from Columbia Law School in 1974. He taught in the New York City public schools prior to receiving his Juris Doctor.

Career

Garaufis began his legal career in 1974 as an associate of Chadbourne & Parke. He also served as an Assistant Attorney General in the Litigation Bureau of the New York State Attorney General's office under Attorney General Louis J. Lefkowitz and has practiced law privately in Queens County, New York. Garaufis served for more than five years as the Chief Counsel of the Federal Aviation Administration in Washington, D.C., overseeing a staff of 200 attorneys. Prior to his appointment to the Clinton Administration in June, 1995, Garaufis served for nine years as counsel to Queens Borough President Claire Shulman in New York City.

Federal judicial service

Upon the recommendation of United States Senator Daniel Patrick Moynihan, Garaufis was nominated by President Clinton on February 28, 2000, to a seat on the United States District Court for the Eastern District of New York vacated by Charles P. Sifton and confirmed by unanimous consent by the United States Senate on May 24, 2000. Garaufis received his commission on May 25, 2000 and entered service on August 28, 2000. Garaufis took senior status on October 1, 2014.

New York Fire Department hiring case

In 2007, the United States Department of Justice, joined by the Vulcan Society, an organization of black firefighters, and three individual applicants, filed a lawsuit against New York City alleging that the city's written firefighter entrance exam excluded a disproportionate number of black and Hispanic applicants.[3][4] At that time, just three percent of the department's 11,000 firefighters were black and 4.5 percent were Hispanic despite the fact that over half the population of New York City was black or Hispanic.[5] On October 5, 2011, Garaufis ruled that a court-appointed monitor would be installed to oversee the New York City Fire Department's efforts to hire and retain more minorities.[6] While the ruling did not impose racial quotas, it explained that a systemic effort by the Fire Department was required.[6] On September 28, 2012, Garaufis approved a new entrance exam for firefighters after the city submitted data showing that the test produced results more representative of the city's racial and ethnic makeup.[7] The first class of recruits after the ruling included some recruits that were older than had been typical of previous classes.[8] Injuries in that class were higher and the dropout rate, usually 10 percent, was 24 percent for that class.[8]

On May 14, 2013, an appeals court disagreed with Garaufis's finding that the discrimination was intentional.[9] The appeals court determined that the question of intentionality, which was relevant to the amount of damages the city might have to pay, should go to trial under a different judge.[9] After the appeals court's ruling, the parties settled the remaining claims in the case, and the entire case was referred to Garaufis for oversight of the settlement.[10]

The number of minority firefighters in the department doubled to 1,230 between 2002 and 2013.[8] On June 28, 2018, the Fire Department reported that forty-three percent of the nearly 2,300 top scorers on its most recent entrance exam were black or Hispanic.[11] In October 2018, people of color comprised more than 40 percent of the class graduating from the training academy.[12]

Bryant Neal Vinas terrorism case

On May 11, 2017, Garaufis sentenced Bryant Neal Vinas to time served for providing material support for terrorism, giving the highly cooperative informant three months more in prison before beginning a life on probation.[13]

Deferred Action for Childhood Arrivals

In 2016, Martín Batalla Vidal, a recipient of Deferred Action for Childhood Arrivals (DACA), filed a federal lawsuit in the Eastern District of New York challenging the Department of Homeland Security (DHS)’s decision to revoke his work permit in connection with the nationwide injunction issued by the Southern District of Texas.[14] The Texas case sought to block the implementation of the Deferred Action for Parents of Americans Lawful Permanent Residents (DAPA) and an expansion of DACA.[14] On September 29, 2016, the advocacy organization Make the Road New York (MRNY) joined Batalla Vidal's lawsuit.[14]

On February 13, 2018, Garaufis issued a nationwide preliminary injunction enjoining rescission of the DACA program.[15] Garaufis found that Plaintiffs were entitled to a preliminary injunction.[15] The government appealed Garaufis's decision to the Second Circuit, which heard oral argument on January 25, 2019.[16]

On July 28, 2020, Chad Wolf, who served as Acting Secretary of the Department of Homeland Security, issued a memorandum stating new DACA applicants would not be accepted, and renewals would be limited to one year instead of two.[17] Garafuis ruled on November 14 that Wolf was not lawfully appointed as the Acting Secretary, and that the memorandum was invalid as a result of that.[18]

Personal life

Following the death of his first wife, Garaufis married Elizabeth Seidman in 2002 in Queens, New York. Judge Robert A. Katzmann officiated the ceremony.[1]

References

1. "WEDDINGS; Elizabeth Seidman, Nicholas Garaufis". The New York Times. April 21, 2002. Retrieved November 15, 2020.
2. Secret, Mosi (October 8, 2012). "For Judge in Firefighter Discrimination Case, an Evolving Opinion". The New York Times. Retrieved November 15, 2020.
3. Newman, Andy (May 22, 2007). "Justice Dept. Sues New York City, Citing Bias in Hiring Firefighters". New York Times.
4. Eligon, John; Cardwell, Diane (November 28, 2007). "Black and Hispanic Firefighter Applicants Have Doubled". New York Times.
5. Newman, Andy (May 22, 2007). "Justice Dept. Sues New York City, Citing Bias in Hiring Firefighters". The New York Times.
6. Feuer, Alan (October 5, 2011). "Monitor Must Oversee Fire Dept. Hiring Practices, Judge Rules". The New York Times.
7. Secret, Mosi (September 28, 2011). "Judge Approves New Entrance Exam for City Firefighters". New York Times.
8. Schwirtz, Michael (December 4, 2013). "For New York City Fire Department, More Diversity Amid Tension". New York Times.
9. Secret, Mosi; Weiser, Benjamin (May 14, 2013). "Appeals Court Says Judge Went Too Far in Forcing Fire Dept. to Revamp Its Hiring". New York Times.
10. Santora, Marc; Schwirtz, Michael (March 18, 2014). "New York City Settles Lawsuit Accusing Fire Dept. of Racial Bias". New York Times.
11. Farinacci, Amanda (June 28, 2018). "FDNY reports progress in diversity recruitment efforts". Spectrum News NY1.
12. "FDNY Graduates Diverse Class of Firefighters". Spectrum News NY1. October 19, 2018.
13. Hays, Tom (May 11, 2017). "Al-Qaida member who flipped and helped US gets time served". Associated Press. Retrieved February 17, 2018.
14. "Memorandum & Order (Dkt. 104)" (PDF).
15. "Amended Memorandum & Order & Preliminary Injunction (Dkt. 255)" (PDF).
16. Bishop, Stewart. "Gov't Defends DACA Rollback As Discretionary In 2nd Circ". Law360.
17. Priscilla Alvarez and Geneva Sands. "Trump administration to review DACA and reject new applications". CNN. Retrieved 2020-11-15.
18. Dan Berman, Priscilla Alvarez and Geneva Sands. "Federal judge says new DACA rules are invalid". CNN. Retrieved 2020-11-15.

External links

• Nicholas Garaufis at the Biographical Directory of Federal Judges, a public domain publication of the Federal Judicial Center.