Judge orders government to fully reinstate Deferred Action for Childhood Arrivals (DACA) program by Caitlin Dickerson and Michael D. Shear was in The New York Times.
“Up to 300,000 additional undocumented immigrants could be allowed to apply for protection from deportation under a new court ruling. President Trump sought to cancel the program.
“A June demonstration in San Diego in support of beneficiaries of the Deferred Action for Childhood Arrivals (DACA) program.
“A federal judge recently ordered the Trump administration to fully restore an Obama-era program designed to shield young, undocumented, immigrants, from deportation, dealing what could be a final blow to president Trump’s long-fought effort to end the protections.
“The program, known as Deferred Action for Childhood Arrivals, was created by president Barack Obama in 2012. Over the years, it has protected more than 800,000 individuals, known as ‘dreamers,’ who met a series of strict requirements for eligibility.
“But those protections have been under legal and political siege from Republicans for years, to leave the immigrants who were enrolled in DACA uncertain whether the threat of deportation from the United States could quickly return with a single court order, or presidential memorandum.
“Judge Nicholas G. Garaufis of the U.S. District Court in Brooklyn directed the administration Friday to allow newly-eligible immigrants to file new applications for protection under the program, which reverses a memorandum issued in the Summer by Chad Wolf, the acting secretary of Homeland Security, which restricted the program to those who were already enrolled. As many as 300,000 new applicants could be eligible, according to the lawyers who pushed for the reinstatement.
“The memo from the Department of Homeland Security limited benefits under the program, including permits to work, to one year, but the judge ordered the government to restore them to a full two years. Judge Garaufis, who was appointed by president Bill Clinton, said the government must find a way to contact all immigrants who are eligible for the program to inform them of the change.
“The judge said the government must announce the changes to the program on its website.
“Lawyers who had challenged the Trump administration in the case celebrated the decision, saying that amid a pandemic and global economic recession, it granted some stability to a vulnerable group.
‘“This is a really big day for DACA recipients and immigrant young people,’ said Karen Tumlin, director of the Justice Action Center, who litigated the class-action case. ‘It’s a day that many of them have been waiting over three years.’ She said it could open the door for hundreds of thousands of immigrant youths ‘who have been unfairly denied their chance’ under the DACA program.
“The program still faces other challenges, including a case in federal court in Texas, where Republican attorneys general have asked a judge to declare it unlawful. And Mr. Trump’s administration could appeal the ruling by Judge Garaufis in the days ahead.
“Immigration advocates said they hoped the administration would not continue its legal fight to end the program given the arrival of a new, Democratic administration in less than two months.
“President-elect Joseph R. Biden Jr. has vowed to restore the DACA program when he takes office, but a legislative solution that would permanently allow the dreamers to live and work legally in the United States remains elusive, leaving their fates to the shifting political winds in Washington.
“If the judge’s order still stands by the time Mr. Biden takes office in January, the new president would need to do nothing to make good on his promise. But Mr. Biden is certain to face intense pressure from immigrant groups to fight for a broad overhaul of the Nation’s immigration laws that would take care of the dreamers and millions of other undocumented immigrants.” Caitlin Dickerson and Michael D. Shear wrote.
On Politics with Lisa Lerer: A guiding hand through the political news cycle, tells you what you really need to know.
“Comprehensive legislation, including one that would provide a path to citizenship for some immigrants, would be less vulnerable to legal challenges than DACA, which Mr. Obama created using the executive powers of his office after Congress repeatedly refused to act.
“But securing passage of a bill that includes citizenship for undocumented immigrants could be difficult for Mr. Biden, especially if Republicans still control the Senate after two runoff elections in Georgia January 5, 2021.
“Americans have historically considered DACA beneficiaries to be among the most sympathetic categories of immigrants. Having violated immigration laws through no fault of their own by being brought to the United States as minors, they are required to have a high school diploma or G.E.D., unless they have served in the military, and they must maintain a clean criminal record to hold on to their status.
“In a Pew survey conducted in June, about three-quarters of respondents, including majorities of both Democrats and Republicans, favored extending a pathway to permanent legal status to dreamers.
“The program has had generational impact. Researchers estimate that 250,000 U.S.-born children have at least one parent who is enrolled in DACA, and that about 1.5 Million people in the United States live with a beneficiary of the program,” Lerer wrote.