A federal judge ordered the Trump administration to restore the Deferred Action for Childhood Arrivals program Friday, marking a significant step for the program’s beneficiaries and for undocumented immigrants who are eligible for the program but had been blocked from applying.
Effective Monday, US Citizenship and Immigration Services will accept new applications, as well as renewal requests, and extend the one-year grants of deferred action and employment authorization documents to two years. But DHS left the door open for an appeal.
Garaufis’ order Friday appeared to nod to the administration’s handling of the Supreme Court ruling, calling for DHS to publicly — and prominently — provide notice that it will accept new applications and return to two-year renewals.
“DHS is DIRECTED to post a public notice, within 3 calendar days of this Order, to be 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, renewal requests, and advance parole requests, based on the terms of the DACA program prior to September 5, 2017, and in accordance with this court’s Memorandum & Order of November 14, 2020,” Garaufis wrote.
“Neither Administrator Gaynor nor Mr. Wolf currently possesses, nor have they ever possessed, the powers of the Acting Secretary of Homeland Security,” Garaufis wrote in a footnote.