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A New York federal judge reinstated the Obama-era delayed action program for children’s arrivals – which President Donald Trump tried to end – on Friday in a court ruling that would quickly award thousands of ‘immigrants whose parents took them to the United States when they were young able to continue working and studying in the country.
U.S. District Judge Nicholas Garaufis said in his six-page ruling that he is completely reinstating the DACA program on the basis of conditions established under the administration of former President Barack Obama. Trump tried to end the program in September 2017, and last July Chad Wolf, the acting secretary of the Department of Homeland Security, suspended the DACA pending a “full” review.
However, Garaufis also ruled in November that Wolf had not acted legally as Head of Homeland Security and that, as such, his suspension of protections for a class of migrants illegally brought to the United States as a ‘children was disabled.
The judge reaffirmed this position in his ruling on Friday. Although Trump officially nominated Wolf for the job this summer, Wolf has yet to secure a full Senate vote, retaining his role as “interim.”
He also ordered DHS to post a public notice by Monday prominently on its website to accept first-time applications, renewal applications, and early parole applications based on the rules of the Obama era and to ensure that work permits are valid for two years.
This is the latest blow to the Trump administration’s efforts to halt the program. The U.S. Supreme Court ruled in June that the Trump administration had falsely tried to shut down the program. The president’s administration then began to reject new candidates for the program this summer, about a month after the High Court prevented the White House from ending the program entirely.
In its ruling, the High Court ruled that his administration was “arbitrary and capricious” in its attempt to end the Obama-era agenda. Existing applicants must also reapply each year, but remain in the program.
The National Center for Immigration Law called the decision a “major victory” in a tweet on Friday.
“This is a major victory for young immigrants, led by young immigrants. We would not celebrate this day without our courageous complainants who fought to claim that their #HomeIsHere“It’s a day to celebrate, and we look forward to working with the new Biden administration to create a permanent solution for immigrant youth and communities.”
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