Judge: Trump administration must take new DACA applications

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Martin Batalia Vidal

FILE – In this Nov. 12, 2019, file photo people rally outside the Supreme Court as oral arguments are heard in the case of President Trump’s decision to end the Obama-era, Deferred Action for Childhood Arrivals program (DACA), at the Supreme Court in Washington. The Trump administration must accept new applications for the Deferred Action for Childhood Arrivals program that protects some young immigrants from deportation, a federal judge ruled Friday, Dec. 4, 2020 in vacating a memo from the acting Homeland Security secretary that had suspended it. (AP Photo/Jacquelyn Martin, File)

NEW YORK (AP) — The Trump administration must accept new applications for the Deferred Action for Childhood Arrivals program that protects some young immigrants from deportation, a federal judge ruled Friday, in vacating a memo from the acting Homeland Security secretary that had suspended it.

U.S. District Judge Nicholas Garaufis said the government had to post a public notice within three days — including on its website and the websites of all other relevant government agencies — that new DACA applications were being accepted.

The ruling follows one from November where Garaufis said Acting Department of Homeland Security Secretary Chad Wolf was unlawfully in his position.

On Friday, the judge said that invalidated the memo Wolf had issued in July suspending DACA for new applications and reducing how long renewals were valid from two years down to one year.

Wolf had issued his memo after the U.S. Supreme Court had ruled in June that President Donald Trump failed to follow rule-making procedures when he tried to end the program.

Garaufis also ordered the government to put together a status report on the DACA program by Jan. 4.

An email seeking comment was sent to the Department of Homeland Security.

“Every time the outgoing administration tried to use young immigrants as political scapegoats, they defiled the values of our nation. The court’s order makes clear that fairness, inclusion, and compassion matter,” said New York state Attorney General Letitia James, who led a number of state attorneys general in one of the lawsuits against the administration.

DACA, which was started in 2012 during the Obama administration, allows certain young immigrants who were brought to the country as children to legally work and shields them from deportation. Those who are approved for it must first go through background checks and regularly renew.

The Trump administration had announced the end of the program in 2017, leading to the legal challenges that wound up in front of the Supreme Court.

In making its ruling, the Supreme Court upheld DACA, saying that the particular way the administration had gone about shutting it down was improper, but that the president did have the authority to do so.

“Dreamers have fought so hard for justice. For the second time, a court has ordered the administration to resume processing DACA applications. It’s time to do the right thing,” Jennifer Molina, a spokesperson for President-elect Joe Biden’s transition team, said Friday. “On day one, President-elect Biden will ensure Dreamers and their families have the opportunity to live their lives free of fear and continue to contribute to our country.”

About 650,000 people are currently enrolled in the program.

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