A federal court *just* ordered the U.S. government to restore a program granting protection to some who arrived in America illegally as children.
Here’s what to know:
- Deferred Action for Childhood Arrivals.
- The 2012 Obama-era program allows *some* who came to U.S. illegally before age 16 to temporarily “defer” their illegal status and also obtain social security numbers & work permits IF they meet certain qualifications (i.e. graduated from high school, no felony convictions, U.S. residence since 2007).
- DACA does *not* provide for a pathway to citizenship.
LEGAL LOOK BACK
- 2017: Pres. Trump ends DACA.
- 2018: Federal court halts his policy, ordering DHS to resume accepting DACA renewal applications. Legal battles continue.
- June 2020: U.S. Supreme Court rules the U.S. gov’t didn’t comply with a requirement that it give a “reasoned explanation” for its decision to rescind DACA, finding the decision “arbitrary and capricious” under federal law.
- November 2020: A federal judge ruled the acting DHS secretary’s July memo rejecting new applications was invalid b/c his appointment was improper.
- December 2020: The same federal judge ruled the 600K+ current DACA recipients can continue to apply for renewals AND ordered DHS to accept new DACA applications.
- This marks the first time new applicants may apply for DACA since 2017.
“DHS wholly disagrees with this decision by yet another activist judge acting from his own policy preferences. Judge Garaufis’s latest decision, similar to his earlier inaccurate ruling, is clearly not sound law or logic … We will abide by this decision while we work with (the Justice Department) on next steps to appeal.”
DHS spokesman Chase Jennings.
“Today’s ruling opens the door for more than one million immigrant youth who have been unfairly denied their chance to apply for DACA and secure their future in this country. Our brave plaintiffs have said from the beginning of this lawsuit that their home is here, and the court rightly recognized that today.”
Karen Tumlin, a lawyer representing DACA applicants and recipients.
NOW WHAT? Unclear. The Trump admin. is expected to appeal the ruling. A separate lawsuit led by Texas aiming to undo DACA is making its way through the federal courts. Immigration reform continues to be a heated issue for both parties, but major policy changes have come via executive action in recent years.
Here’s a good read on the latest: CLICK HERE
Here’s the info straight from the U.S. Gov’t: READ HERE
by Jenna Lee,