WASHINGTON: Reversing the decision of the outgoing Trump administration, a federal court ordered the full reinstatement of an Obama-era program that protects undocumented immigrants brought to the United States as minors from deportation, a ruling that will help a large number of Indian immigrants.
The Trump administration tried to end Deferred Action for Childhood Arrivals (DACA) in 2017, but the US Supreme Court blocked its attempt in June.
On Friday, US District Judge Nicholas Garaufis in the Eastern District of New York ordered the Department of Homeland Security to extend the two-year renewals to DACA recipients and begin accepting applications from new applicants starting Monday.
This means that, for the first time since September 2017, new applicants who were previously ineligible can now apply for the program that protects undocumented immigrants who came to the U.S. from deportation.
“The court believes that these additional remedies are reasonable. In fact, the government has assured the court that a public notice in the described sense will soon be issued, ”Judge Garaufis said in his order.
DACA is an immigration policy that allows some individuals with an illegal presence in the U.S., after being brought into the country as children, to receive a two-year renewable period of deferred action for removal and be eligible for a permit Working in the US DACA recipients are often called Dreamers. To be eligible for the program, beneficiaries cannot have felony or felony misdemeanors on their records.
Approximately 640,000 immigrants are registered in the DACA program.
According to a 2019 report by South Asian Americans Leading Together (SAALT), there are at least 630,000 undocumented Indians, a 72% increase from 2010.
There are currently at least 4,300 active DACA recipients from South Asia. As of August 2018, there are approximately 2,550 active Indian DACA recipients. Only 13 percent of the total 20,000 DACA-eligible Indians have applied for and received DACA, SAALT said.
There are 1,300 active Pakistani DACA recipients, 470 Bangladeshi recipients, 120 Sri Lankan recipients and 60 Nepalese recipients, he said.
The Trump administration can now appeal to a federal appeals court or go to the Supreme Court for temporary relief from executing the judge’s order.
Speaker of the Chamber Nancy pelosi He said the court has endorsed the Obama-era program initiated under President Barack Obama, which respects American values and the will of the American people.
“Dreamers need and deserve real and ongoing action to ensure they can continue to contribute to our nation. In the 117th Congress, our Democratic majority in the House will once again pass bipartisan legislation to protect Dreamers, which will be enacted by the Biden-Harris Administration, ”he said.
“In his final days in office, President Trump must end his ugly and inhumane assault on the immigrant youth communities that bless and strengthen our country and obey this ruling immediately,” Pelosi said.
House Majority Leader Steny H Hoyer described it as a “victory” for Dreamers, their families and the communities they contribute their talents to across the country.
“However, I still believe that we must resolve the DACA crisis created by President Trump by enacting legislation to give Dreamers the certainty that they can stay here and follow a path to citizenship,” he said.
Hoyer said House Democrats passed the American Dream and Promise Act nearly 18 months ago, and it has languished in the Republican-led Senate, despite the fact that a strong, bipartisan majority of Americans are demanding action. , said.
He urged the Trump Administration to accept applications for the first time in accordance with this decision.
The president of the pro-immigration and lobbying group FWD.us, Todd Schulte, said the judge’s ruling makes it clear that Chad Wolf acted illegally when he tried to eliminate DACA months ago.
The judge ruled that the 2012 DACA memo is the law of the land, and that within three days, Monday, DHS must be prepared to implement this, including accepting and processing new DACA applicants.
Thousands of young people who should have been eligible for deportation protection and work authorization have been waiting for more than three years to access this life-changing program and live peacefully in the country they call home.
It’s about time DHS finally followed the repeated court orders and started accepting these requests, Schulte said.
“More than three years ago, the Trump administration attempted its fatal blow to the DACA program, but immigrant youth and the movement fought back and won. After Trump lost in Supreme Court, the administration in July tried once again to attack DACA, limiting renewals to just one year and blocking backward relief for young immigrants eligible for DACA. Tonight we celebrate another victory. Dreamers and DACA are here to stay, ”said Madhuri Grewal, federal immigration policy advisor for the American Civil Liberties Union.
Grewal demanded that the president-elect of the United States Joe biden You must fulfill your commitment to introduce an immigration bill on the first day to seek permanent relief for immigrant communities.
“At the same time, the Biden administration can and should provide immediate help to immigrant youth and their communities. After four years of relentless attacks by the current administration and decades of uncertainty, people deserve to live without fear, ”he said.
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