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A judge on Friday ordered the Government of the President of the United States, Donald Trump, to fully restore the Deferred Action for Childhood Arrivals (DACA), a program that he wanted to suspend and that protects hundreds of thousands of people from deportation. young immigrants.
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The order of federal judge Nicholas Garaufis, of the court of the Eastern District of New York, forces the Department of Homeland Security (DHS) to reopen the program for new applications, possibility that the Trump Administration eliminated by failing in its attempt to repeal the program created by the Administration of President Barack Obama in 2012.
In its ruling in the case “Batalla Vidal v. Wolf”, the court also determined that DACA must return to the way it was before the Trump Government’s attempt to cancel the immigration protection in September 2017, date from which the program does not receive new applications, according to one of the dreamers’ defense attorneys, Karen Tumliun, of the National Immigration Law Center.
The judge further ordered them that, no later than Monday, they must post on all of their websites that they are accepting initial DACA applications, renewal requests, and the advance parole that allows you to leave the country and return from legal form in the terms that existed before the unsuccessful governmental attempt.
After Trump repealed DACA, several beneficiaries of the program along with the organization “Make the Road New York” challenged the decision.
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.
In short, 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, it must be restored nationally to how it was before September 2017, when the Trump administration announced its closure.
Garaufis determined last November that the acting DHS secretary, Chad Wolf, 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 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“.
DACA must be restored when the Trump Administration announces its closure
After Trump repealed DACA, several beneficiaries of the program along with the organization “New York Is Made the Road” challenged 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 an ongoing litigation filed by attorneys general of Republican-governed states against DACA, so it is hoped that there may be future judicial developments.
Against this background, President-elect Joe Biden has promised that one of the first things he will do after arriving at the White House on January 20, 2021 is to promote legislation that guarantees permanent immigration status to
“dreamers”.
EFE
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