NEW YORK — 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.
About 650,000 people are currently enrolled in the program.
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“The court’s order makes clear that fairness, inclusion, and compassion matter”,,,,,,Well how about fairness, inclusion and compassion for the American taxpayer who has to slave at immigration diminished slave wages to pay for the Socialist invasion of COVID infected unvetted illegals in a worldwide conspiracy to redistribute all the wealth that the USA has accumulated over the past 250 years throughout the world of failed socialist countries whose people flee from the very tyranny these one world judicial wealth redistributors seek to turn America into as well. That shining city on the hill just keeps getting darker and dimmer by the minute, by dim witted nobodies, well educated beyond their means to comprehend the information, sans the guiding moral education and enlightenment of fairness and law to protect the finite people of wealth Creation and moral rectitude from the infinite socially slouched people of infinite appetite and and infinite social consumption, led by Hi-Tech Industrialists desperate for cheap labor and concentration of American wealth into their diminutive selective ever controlling hands. Enter the Clintons, Obamas, Biden’s who get wealthy on the kickbacks with the Judges they nominate to promote the American dismemberment of our individual wealth and freedoms.
YET another dictate from an activist judge. WHERE THE HELL is congress, in impeaching all these traitors?!
DACA was brought about by an executive order by Barack. Congress makes the laws, so what don’t these law breaking judges understand? Trump has / had every right to repeal DACA, as DACA is not the law of the land. If I was Trump, I would ignore the Pravda court order. These judges are traitors.
Quit calling it DACA,,,,call it BARACA, a Presidential edict based not on reason and law but emotion and election expediency.
Exactly. IT HAS NO MORE weight of law, than ME telling you to Shut the hell up does…
So then why can’t trump make law thru executive order ??? Trump should get rid of daca. He tied but lost ?? Congress now says presidents can’t make law. So if handwritten daca is unconstitutional ,right ??? It’s just double standards by the liberal s
Presidents cannot make law. They can issue executive orders which stand until the next president or a court overturns them. A lower court decision to overturn an EO can be appealed all the way to the Supreme Court but an EO is an order, it’s not a law.
The legislative branch makes law.
SO IF the potus can’t make laws, THEN WHY ARE ALL THESE GOVERNORS being allowed, via their OWN EO’s to make all of these lockdowns/mask mandates etc, THAT ARE BEING TREATED AS LAWS..
Even to the point, those violating them, get arrested and CHARGED with breaking the law!?
This is NUTS! What passage in U.S.Constitution vests authority in the court to ORDER the executive branch to DO something (that they created in the first place)?
It is one thing, if DACA was a Statute or U.S. Code, but it is an Executive Order; as such, it is at the discretion of the Executive Branch to continue or stop it (as THEY see fit).
The ONLY thing the court could do, is declare the Executive Order, itself, unconstitutional. There is NO concept in LAW, where ending a policy is unlawful!
Something has to be done to STOP these radical and out of control JUDGES! THEY are destroying America!
THESE judges don’t give a rats butt, whether or not our constitution allows it or not.. THEY JUST WISH TO HURRY UP AND ruin our nation.
This is why i’d love it if EVERY JUDGE got VOTED in, by we the people, SO WE COULD VOTE OUT HACKS like this..
DACA
Progressives are so fond
Of waxing pessimistic
When a republican comes along
And demands that congress fix it.
They’d have us all believe
Obama sage and altruistic,
But we can all plainly see
Exactly why he did it.*
It was him after all
Who succinctly did declare,
“We have a constitution,
Therefore I should not dare.”
“For I am not a king-
We must go through congress.”
“I can’t do anything.”*
Shortly though thereafter
He did tyrannically digress
When with his phone and his pen*
He decided to decree
That those who were just children
When brought here illegally
May remain within my kingdom
On a two year renewable basis
Then he attempted to expand
Eligibility to other illegals cases.*
And in so doing broke the law
That he said he could not break…
Just one of many instances
Our laws he did forsake.
He simply did like so many have
So many times before-
He just kicked the can again
Not dealing with the problem at our door.
Finally now the time has come
To call this marker due
And the Democrats Are Crying Again
Because Trump is finally doing…
What they were supposed to do.
Time for the Supreme Court to “do it’s thing”, and change this pathetic lib verdict.
I would love it, if WHEN the scotus DOES overturn edicts like this, from lower judges, THEY COULD ALSO issue orders to HAVE SAID lower judge, be disbarred….
AMEN!!!
Our constitution/laws matter. Fairness to the American people and immigrants who go through the proper process matter.
DACA was an executive order. If Nancy Pelosi had treated President Trump fairly, we’d have a secured border and DACA recipients would have permanent status (citizenship would just reward/encourage more bad behavior.)
There should be allowances made because they were children but not a completely free pass because laws were broken. And don’t get me started on anchor babies.
Does an american kid, suffer cause mom and dad broke the law?? YES. SO WHY THE HELL should we coddle ILLEGAL INVADER KIDS< just cause their parents broughtt hem here illegally???
Okay so take them and throw them straight into the shredder…done!
More Leftist Legislation from the bench.