DACA: Trump administration must accept new applications, judge orders

Judge Nicholas Garaufis’ latest order builds on his November ruling where he found that Chad Wolf was not legally serving as acting Homeland Security secretary when he signed rules limiting applications and renewals for the Deferred Action for Childhood Arrivals program.

The Trump administration tried ending DACA in 2017, but the US Supreme Court blocked its attempt in June. In light of the Supreme Court’s ruling, Wolf issued a memo in July saying that new applications for DACA would not be accepted and renewals would be limited to one year instead of two amid an ongoing review. The memo had sought to buy time while the administration decided its next steps.

CNN has reached out to the Department of Homeland Security for comment.

Garaufis’ Friday order appears 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.

Garaufis ordered that Wolf’s memo detailing new DACA rules be vacated.

This story has been updated with reaction to the order.