DCR Law & Policy: Federal judge restores DACA and orders DHS to accept first time applications from immigrants.☕☕☕

Ayyyeee… What’s Goodie Everyone. So I got some tea and it involves A federal judge order for DACA and Department of Homeland Service.

Undocumented immigrants brought to the United States as children are immediately eligible to apply for an Obama era program that grants them work permits, a federal judge in New York ruled Friday. U.S. District Judge Nicholas G. Garaufis in Brooklyn said he was fully restoring the eight year old Deferred Action for Childhood Arrivals, or DACA, program to the days before the Trump administration tried to end it in September 2017. He ordered the Department of Homeland Security to post a public notice by Monday to accept first time applications and ensure that work permits are valid for two years.

Acting Homeland Security secretary Chad Wolf had issued a memo in July reducing DACA recipients work permits to one year, but Garaufis ruled last month that Wolf had unlawfully ascended to the agency’s top job and vacated the memo.
“The court believes that these additional remedies are reasonable,” Garaufis said. “Indeed, the government has assured the court that a public notice along the lines described is forthcoming.”

Advocates for immigrants were happy that the long awaited ruling, even though they expected that President elect Joe Biden would fully restore the DACA program as soon as he takes office in January, something he has pledged to do. But the immigrants known as “dreamers” are not necessarily in the clear. Attorneys general in Texas and other states have asked a federal judge to declare DACA unlawful and to provide for an orderly wind down of it. A hearing in that case is scheduled for later this month.

Approximately 640,000 immigrants are enrolled in the DACA program. The Center for American Progress, a think tank, estimates that at least 300,000 immigrants have been shut out since the Trump administration stopped accepting applications in September 2017 as part of an effort to phase out the program. An additional 65,800 immigrants had their work permits reduced to one year only.
DHS and Justice Department officials did not immediately respond to requests for comment after the ruling Friday.

Joe Biden was vice president when President Barack Obama created the DACA program in 2012. Biden has called Trump’s efforts to end it “cruel.” Under the rules, immigrants who cleared a background check, pursued their studies and paid fees to obtain work permits could stay in the United States. Trump has called the program “illegal amnesty” and his administration has fought to phase it out by this year.

Garaufis, appointed by Bill Clinton, was one of the first federal judges to block Trump from ending DACA.

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