Federal Judge Reinstates DACA, Orders Homeland Security to Accept New Applicants

The order includes letting potential protectees submit first-time applications

Immigration rights activists take part in a rally in front of the US Supreme Court in Washington, DC on November 12, 2019. - The US Supreme Court hears arguments on November 12, 2019 on the fate of the "Dreamers," an estimated 700,000 people brought to the country illegally as children but allowed to stay and work under a program created by former president Barack Obama.Known as Deferred Action for Childhood Arrivals or DACA, the program came under attack from President Donald Trump who wants it terminated, and expired last year after the Congress failed to come up with a replacement.
Mandel Ngan/AFP via Getty Images

A New York federal judge on Friday restored the Obama-era Deferred Action for Childhood Arrivals program — which President Donald Trump has tried to end — in a court ruling that would swiftly grant thousands of immigrants whose parents brought them to the U.S. as young children the ability to continue to work and study in the country.

U.S. District Judge Nicholas Garaufis said in his six-page ruling that he was fully reinstating the DACA program based on the terms established under former President Barack Obama's administration. Trump tried to end the program in September 2017, and this past July Chad Wolf, the acting secretary for the Department of Homeland Security, suspended DACA pending a “comprehensive” review.

However, Garaufis also ruled in November that Wolf has not been acting lawfully as the chief of Homeland Security and that, as such, his suspension of protections for a class of migrants brought to the United States illegally as children is invalid.

He also ordered DHS to post a public notice by Monday prominently on its website to accept first-time applications, renewal requests and advance parole requests based on Obama-era rules and to ensure that work permits are valid for two years.

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