Federal Judge Orders Reinstatement of DACA, Opening The Way For New DACA Applications

Posted on 12/07/20

The Deferred Action For Childhood Arrivals program has been in a legal frenzy ever since President Trump announced the suspension of new applications. The Obama-era program has shielded thousands of immigrants who came to the United States as minors from deportation. On Friday, Judge Nicholas G. Garaufus ordered the Trump administration to reverse course on its nearly three years of restrictive policies aimed at diminishing the program. Judge Garaufus ordered the Department of Homeland Security to immediately announce the acceptance of new applications. Court documents revealed that the Department of Homeland Security must ensure announcements are “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.” The New York Judge continued to add that the capacity of the program is exactly as it was before its “attempted rescission in September 2017.” The ruling offers new applications for hundreds of thousands of immigrants who were previously invalidated by rules put into place by the Trump administration. The public notice has yet to be announced by the Department of Homeland Security but once in place, new applications must be reviewed by the agency, possibly securing legal status for thousands.

This past summer, the administration announced significant limitations to the DACA program including limiting the renewal time of work permits from two years for qualifying applicants to one year. DACA has protected nearly 700,000 undocumented immigrants, with an estimated 300,000 undocumented immigrants eligible to apply for the program that were previously denied by the Trump administration.

It is not uncommon for the Trump administration to ignore the law and abruptly end programs without any legal basis. Acting DHS secretary, Chad Wolf, who replaced Kristin Nielsen late last year had unlawfully ascended to head the agency. Judge Garafus announced in November that all past memos announced on the program by Chad Wolf would be vacated, thus paving the way for new applications to be accepted. Though President-elect Joe Biden would have reinstated the program to its full capacity within his first hundred days, legal challenges still loom on the program. With a Supreme Court favoring Republican interpretation of constitutional law, the possibility of the DACA program being severely limited or ending is quite possible. Without meaningful immigration reform, the path forward for undocumented immigrants and Dreamers will continue to be complicated. Without congress passing laws that would create a pathway to citizenship for Dreamers, legal challenges will continue to ensue, jeopardizing the fate of Dreamers. It is the obligation of elected officials to represent the interests of the American voter, who have consistently advocated for extended protections for Dreamers.

Attorney James A. Welcome has represented hundreds of Deferred Action for Childhood Arrival (DACA) recipients since the program came into fruition eight years ago. With nearly two decades of experience, Attorney James A. Welcome has represented clients across the world, delivering personable legal expertise to thousands. To ensure you receive a favorable outcome in your case, you should contact the legal team at The Law Offices of James A. Welcome to adequately assess the specifics of your case so that all legal paths are considered. At the Law Offices of James A. Welcome, we remain committed to protecting your rights and helping you understand your options. Don’t leave your future in the hands of inexperienced representation that never really works on your behalf. As our client, we commit to offering personable representation even while facing Covid-19 restrictions. Our office has implemented industry-leading technology to get in touch with our clients while in the comfort of their homes. Don’t let your case go unheard. For more information on what the reinstatement of the DACA program means for you and your case, contact one of Connecticut’s leading Immigration law firms to obtain trusted results. Visit welcomelawfirm.com for 24/7 live chat or call us directly at (203) 753-7300.

Source: https://www.washingtonpost.com/immigration/daca-restored-dreamers