A New York federal judge on Friday restored the Obama-era deferred action for childhood arrivals – which President Donald Trump tried to end – with a court ruling that would quickly give thousands of immigrants whose parents brought them to the United States as young children. ability to work and study in the country.
In a six-sided verdict, U.S. District Judge Nicholas Garaufis said he would fully restore the DACA program under conditions set under former President Barack Obama. Trump tried to complete the program in September 2017, and in July, Chad Wolf, the acting secretary of the Department of Homeland Security, suspended the DACA until the “comprehensive” review.
However, Garaufis also ruled in November that Wolf had not acted lawfully as chief of internal security and, as such, the protection suspension of the Department of Migrants Illegally Imported into the United States was invalid.
The judge confirmed this position in his judgment on Friday. Although Trump officially nominated Wolf for this job over the summer, Wolf has not yet received a full vote in the Senate, retaining his role as an “actor.”
He also instructed DHS to publish a public announcement on its website by Monday, listing first applications, renewal applications, and applications for early parole under Obama-era rules, and ensuring work permits are valid for two years.
This is the latest blow to Trump’s administration’s efforts to shut down the program. The U.S. Supreme Court ruled in June that the Trump administration had erroneously tried to stop the program. The president’s administration then began rejecting new applicants to the program about a month after the Supreme Court prevented the White House from completing the program.
The Supreme Court ruled that its administration was “arbitrary and capricious” in its attempt to end the Obama-era program. Existing applicants must also reapply each year, but must remain in the program.
In a tweet on Friday, the National Center for Immigration Law called the decision a “major victory.”
“This is the main victory for young immigrants, led by young immigrants. We would not celebrate this day if our not brave plaintiffs struggled to #HomeIsHere“the organization said.” This is a celebration day and we look forward to working with the incoming Biden administration to create a permanent solution for immigrant youth and communities. “