Judge orders restoration of DACA, opening immigration program to new applicants for first time since 2017

On Friday, a federal judge ordered the Trump policy to fully resume Obama’s initiative to protect undocumented immigrants brought to the United States as children from deportation, and urged officials to open the program to new applicants for the first time since 2017.

Justice Nicholas Garaufis of the Brooklyn District Court has ordered the Ministry of Homeland Security to publicly announce by Monday that it will accept and review the applications of immigrants who meet the requirements of the program but are not yet enrolled in the program.

Mr Garaoufis also asked the officials for work permits valid for two years for approved candidates, instead of one year as proposed by the Trump administration in the summer.

Approximately one million undocumented immigrant youths who register for ACAD on paper can register for the program shortly after Friday’s order, according to lawyers who have prosecuted Trump’s administration.

Johana Larios was about to leave her house to buy a diaper for her two-year-old daughter when she heard about Friday’s order. The 26-year-old Mexican immigrant and resident of the island States said the trump card policy was suspended in 2017 two days before he intended to apply the DACA.

I was so excited. I didn’t know how to react. I am grateful, Larios, a member of the advocacy group Make the Road New York, told CBS News, and noted that she plans to contact the DACA shortly. I can go back to school, back to work. And the most important thing for me right now is the feeling that I won’t be separated from my children.

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Demonstrators gather in front of the U.S. Supreme Court building, where the court hears arguments for postponing the filing of the children’s motions.

The Washington Post

Representatives of the DHS and the U.S. Citizenship and Immigration Service, which monitors DACA applications, have not responded to requests for comments. A spokesman from the Ministry of Justice, who can appeal against Friday’s decision, has not commented at this time either.

Karen Tumlin, one of the lawyers representing ACAD’s recipients and potential claimants, welcomed Friday’s decision and called on the government to stop the attacks on the immigrant youths today, rather than continue the battle lost in the last days of administration in court.

Today’s decision opens the door for more than a million young immigrants who have been wrongfully denied the opportunity to apply to the DACA and secure their future in this country, Justice Action Center Tumlin director Tumlin told CBS News. Our brave plaintiffs have said from the beginning that their house is here, and the court has rightly acknowledged this today.

The Garaoufis order follows another one, issued in November, in which it recognizes that the current DHS Secretary, Chad Wolfe, does not have the legal authority to close the FACA to new applicants or to reduce the validity of the work permit and expulsion protection enjoyed by the beneficiaries of the program. Garaufis came to this conclusion after he found that Wolf’s appointment violated the National Security Act of 2002.

Other federal judges have also questioned the legitimacy of Wolf’s appointment, which was declared invalid in August by the Congressional investigative unit, the Office of Public Accountability. Consequently, it was concluded that DHS had not properly adhered to the rules of succession in its management of the Department.

In September 2017, the Trump administration terminated the work of the DACA on the grounds that the program was an abuse of executive power. But the alleged termination of the program was suspended by several federal courts, and in June of this year the Supreme Court ruled that the administration had violated federal administrative law when it tried to terminate the program.

In July, Wolf issued a memo describing the new DCAD guidelines, while the Trump board wondered whether it was worth dismantling the program. On Friday, Garaoufis included a note on wolves, which included a ban on new applicants and restrictions on existing protection measures and work permits.

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Acting Secretary of Homeland Security Chad Wolfe speaks at a press conference on federal agents in Portland, Oregon, March 21. July 2020 in Washington, D.C.

Samuel Corum/Getty Images

Garaoufi’s order means that DHS will have to manage DACA in accordance with the policies that existed when President Barack Obama launched the 2012 program. It would also allow current students to apply for early release, allowing them to travel abroad and return to the United States. According to the government there are currently more than 640,000 ACAD receivers who are described as dreamers in their conversations.

The conditions for admission to the DACA are the absence of a serious criminal record, entry into the United States before the age of 16 and the possibility to enter the United States before the age of 16. You must be at least 18 years old, live in the United States at least 2007 and have a high school diploma, GED, or honorary service. The FACA does not allow its beneficiaries to change their status and obtain legal permanent residence.

President Trump has at times expressed sympathy for the Dreamers, but his policy led a year-long legal battle to end the DACA and disagreed with several bills to put them on the path to American citizenship.

President-elect Joe Biden promised to protect the DACA recipients from deportation and to submit another proposal to Congress that, if adopted, would give them permanent legal status. Jennifer Molina, Biden’s press officer, called on the Trump government to do the right thing by court order.

From day one, President-elect Biden will ensure that dreamers and their families can live their lives without fear and continue to contribute to the development of our country, Molina said in a statement to CBS News.

While Friday’s order is a significant victory for DACA recipients and potential candidates, Republican-led states are now asking U.S. District Judge Andrew Roosters to declare the program illegal and end it. The Republican nominee Roosters blocked the expansion of DACA Obama in 2014 and the creation of another program that would protect against the deportation of unregistered relatives of U.S. green card holders and U.S. citizens.

Roosters has a hearing on this case for the 22nd. A hearing on this case is scheduled for December.

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