(CNN) –– The Trump administration must release a notice stating that it will accept new applications for the program known as DACA, according to ordered a federal judge this Friday. The Obama-era initiative protects undocumented immigrants who came to the United States as children from deportation.
The most recent order of Judge Nicholas Garaufis is based on the ruling that issued in November past. In that decision, it indicated that Chad Wolf was not legally serving as Acting Secretary of Homeland Security when he signed the rules limiting applications and renewals for the Deferred Action for Childhood Arrivals (DACA) program.
The Trump administration tried to end DACA in 2017. However, the US Supreme Court blocked its attempt in June. Under the Supreme Court ruling, Wolf issued a memorandum in July, which indicated that no new DACA applications would be accepted and that renewals would be limited to one year instead of two amid an ongoing review. The memo was intended to buy time while the administration decided its next steps.
Background of court ruling on new DACA applications
Garaufis’ order this Friday seems to draw attention to the Trump administration’s handling of the Supreme Court ruling. Rightly, it asks the Department of Homeland Security to notify publicly – and prominently – that it will accept new applications and will return to two-year renewals.
«The Department of Homeland Security is ORDERED to publish a public notice, within 3 calendar days of this order, to prominently display on its website and on the websites of all other relevant agencies, that it will accept applications for the first time for consideration of deferred action under DACA, renewal requests, and advance parole requests, based on the terms of the DACA program prior to September 5, 2017 and in accordance with this court’s November 14 Memorandum and Order 2020 ”, wrote Garaufis.
Garaufis also criticized again the appointment of Wolf, who has come under repeated scrutiny.
The Department of Homeland Security tried to correct himself in his line of succession. This, by causing Pete Gaynor, who is the administrator of the Federal Emergency Management Agency confirmed by the Senate, to temporarily exercise the authority of Secretary of Homeland Security. This is to try to ease concerns about Wolf’s legitimacy as acting head of the department.
“Neither Administrator Gaynor nor Mr. Wolf currently possess, nor have they ever possessed, the powers of the Acting Secretary of Homeland Security.” So Garaufis wrote in a footnote.
Garaufis ordered that Wolf’s memorandum detailing the new DACA rules be struck down.
CNN’s Maria Santana contributed to this report.
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