The most immediate beneficiaries of the ruling are likely to be immigrants who are eligible for DACA but did not apply before the Trump administration suspended the application in September 2017. The ruling could also lead DHS to restore a benefit DACA that the government largely stopped at the same time: the ability of the Dreamers to leave the country and return without losing their quasi-legal status and work permits.
However, the introduction of the judge’s decision is unclear at this time as President-elect Joe Biden is preparing to take office and lead to a very different approach to immigration. Biden is widely expected to reduce deportations and push for legislation to legitimize so-called Dreamers, but any executive action could face the same kinds of legal challenges that Obama’s policies and later those that follow Obama’s policies. .
The Supreme Court ruled, 5-4, in June that the Trump administration’s decision to abolish DACA in 2017 was legally wrong. The ruling does not rule out the possibility of President-elect Donald Trump terminating the program, but blamed officials for not considering the factors when they sought to close the program three years ago.
The Supreme Court ruling was expected to restore the program to its full scope, but a few weeks later Wolf issued a ruling banning new applications and enforcing a policy against travel permits known as advanced exemption. His order also reduced the duration of DACA grants and related work permits to one year from the previous two.
Proponents of immigration have called the move an act of contempt. A federal judge in Maryland is currently considering a motion to declare the administration contempt of court for failing to reinstate the full DACA program.
New York Attorney General Letitia James, whose office led one of the two lawsuits that led to Garaufis’ decision on Saturday, welcomed the decision.
“The Supreme Court has already ruled that President Trump’s attempts to unjustly punish the Dreamers were illegal, but now another federal court has ruled that this administration’s efforts to circumvent the courts in an effort to target and punish innocent young people are unjustified. “, James said in a statement. “And again and again, this outgoing government has tried to use young immigrants as political scapegoats. … Our coalition will not hesitate to use every tool at our disposal to continue to protect these young people in every way possible. Si Se Pente! “
Representatives of DHS and the Department of Justice did not immediately respond to requests for comment.