The Deferred Action for Childhood Arrivals (DACA) program has survived yet another attack by the Trump administration. Last Friday, Judge Nicholas Garaufis of the U.S. District Court in Brooklyn ordered the Trump administration to restore and reopen applications to the Obama-era program for the first time since 2017.
The DACA program shields eligible undocumented immigrants brought to the United States as children from deportation. In 2017, Trump attempted to rescind DACA despite promises that Dreamers would be safe under his administration. In June of this year, the Supreme Court blocked the attempt, ruling that the Department of Homeland Security (DHS) had violated federal administrative law. In response to the Supreme Court ruling, the acting Homeland Security secretary Chad Wolf issued a memo banning new applications and limiting protections, work permits, and renewals to one year instead of two while the administration decided whether to attempt to dismantle the program again.
In November, Judge Garaufis ruled that Chad Wolf did not have the legal authority to enact the rules limiting applications and renewals outlined in the July memo. On Friday, he built upon that ruling, ordering that Wolf’s memo be vacated, that DHS accept new applications, return to two-year renewals, and publicly and prominently announce that it was doing so. “DHS is DIRECTED to post a public notice, within 3 calendar days of this Order, to be displayed prominently on its website and on the websites of all other relevant agencies, that it is accepting first-time requests 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 Memorandum & Order of November 14, 2020,” he wrote.
It is estimated that around one million undocumented immigrants can benefit from the ruling, including some 300,000 teens and young adults who qualify for DACA and will now be able to apply for protection. Karen Tumlin, who represented DACA beneficiaries, applauded Judge Garaufis’ ruling, calling on the Trump administration to stop “its attacks on immigrant youth today instead of continuing its losing courtroom battle during the last days of the administration.” Chase Jennings, DHS spokesperson, said that the department “wholly disagree with this decision” and announced that DHS would abide by the decision while it worked with the Department of Justice to appeal it.
As the Trump administration’s days come to an end, it has signaled it will not be backing down from its efforts to limit immigration. His years-long battle to end DACA, however, has failed. President-elect Joe Biden has instead vowed to protect Dreamers and introduce legislation to Congress for a path towards legal status.