A judge on Friday ordered the government of the outgoing President of the United States, Donald Trump, to fully restore the program that provides protection from deportation to thousands of irregular immigrants who arrived in the country as children, known as dreamers.
The order of federal judge Nicholas Garaufis, of the Eastern District Court of New York, forces the Department of Homeland Security (DHS) to reopen the program for new applications, a possibility that the Trump Administration eliminated by failing in its attempt to repeal the program Deferred Action for Childhood Arrivals (DACA), created by the administration of President Barack Obama in 2012.
In your judgment of the case Batalla Vidal v. Wolf, the court also determined that DACA must return to the way it was before the Trump Administration’s attempt to cancel the immigration protection in September 2017, date from which the program has not received new applications, according to one of the defense attorneys for the dreamers, Karen Tumliun, del National Immigration Law Center.
The judge further ordered them that, no later than Monday, they must publish on all their websites that they are accepting initial applications for the DACA program, renewal requests and the travel permit that allows to leave the country and return legally under the terms that existed before the unsuccessful government attempt.
This same notice should make clear that the nearly 66,000 one-year DACA renewal requests issued after this summer’s DHS memorandum modifying the program will automatically be extended to two years.
The DACA program, which has protected thousands of young people from deportation since it was created in 2012 and allowed them to study, work and travel, must be restored nationally to how it was before September 2017, when the Government Trump announced its closure.
Garaufis had determined last November that the acting DHS secretary, Chad Wolf, had assumed that position illegally, thus invalidating all the provisions of the memorandum signed by him this summer.
The judge had already warned the Trump Administration that it could not create its own laws and said that its attacks on this program were a “sad and inappropriate use of alleged executive authority to deny DACA recipients and those who are eligible the ability. to exercise their rights ”.
After Trump repealed DACA, several beneficiaries of the program along with the organization Make the Road New York contested the decision, a case that was assigned to Judge Garaufis and that later reached the Supreme Court, which had also ordered to restore the program.
But there is still a litigation filed by attorneys general of Republican-ruled states against DACA, so it is expected that there may be future judicial developments.
President-elect Joe Biden has promised that one of the first things he will do after arriving in the White House on January 20, 2021 is to promote legislation that guarantees permanent immigration status to the dreamers.
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