United States District Judge Nicholas Garaufis in New York has ordered that the Trump administration immediately restore the Deferred Action for Childhood Arrivals (DACA) program to its status before the Trump administration attempted to end it in September of 2017.
DACA is a policy launched in 2012 by the Obama administration and over the last eight years has enabled thousands of young immigrants to rely on the program, emerging from the shadows to enroll in degree programs, embark on careers, start businesses, buy homes and even marry and have children of their own who are now U.S. citizens, and pay billions in taxes each year. The Trump administration attempted to suspend DACA beginning in 2017, but litigation in federal courts, including the Supreme Court, allowed DACA to continue. On June 18, 2020, the Supreme Court ruled that the way DACA ended was unlawful, and signaled that DACA be restored in full.
Federal Judge Orders Full Restoration Of DACA and New Applicants Will Be Admitted
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.
The decision to restore DACA requires The Department of Homeland Security to fully restore DACA to the way it existed before September 5, 2017. This means that DHS must:
- Process requests for first time DACA applicants
- Return the DACA period from one year to two years
- Restore travel permission for DACA recipients
Speaker of the House Nancy Pelosi issued this statement after the Eastern District of New York ruled to fully reinstate the Deferred Action for Childhood Arrivals (DACA) initiative:
“Eight years ago, our nation took a momentous step for equality and opportunity when President Obama launched DACA, empowering young Dreamers to pursue their American Dream and, in doing so, make America more American. With today’s ruling, the Courts have once again upheld this bedrock initiative, which respects our American values and the will of the American people.
“Dreamers need and deserve real, permanent action to ensure that they can continue to contribute to our nation. In the 117th Congress, our Democratic House Majority will once again pass bipartisan legislation to protect Dreamers, which will be signed into law by the Biden-Harris Administration. We call on Congressional Republicans to end their eighteen month-long obstruction of legislation to protect Dreamers, and listen to the overwhelming bipartisan majority of Americans calling for its passage.
“In his final days in office, President Trump must end his ugly and inhumane assault on the young immigrant communities who bless and strengthen our country and obey this ruling immediately.”
Free DACA Consultation with Orlando Immigration Attorney
Please contact the experienced deferred action attorney’s at Brandt Immigration in order to discuss your particular immigration situation and assist with the filing of a new DACA application on your behalf. Our firm is pleased to offer free initial DACA consultations in office or in a remote audio or video capacity.