Judge reinstates DACA program

New York Judge Nicholas Garaufis has been involved in the legal process of Deferred Action for Childhood Arrivals (DACA), an immigration program that has been on the tightrope for the past several years due to the Trump administration’s stance when it comes to immigration.

To understand the issue at hand, it is important to know that DACA protects immigrants who came to the US without legal documentation when they were minors. However, the Trump administration does not agree with offering legal alternatives to immigrants who crossed the borders without prior authorization, regardless of whether they are minors. The current president assures that offering them benefits would only increase illegal immigration, which could affect the economy and become an unnecessary burden on the country.

The controversy surrounding DACA has been so great that the US Supreme Court of Justice intervened in June and ruled in favor of young people covered by this program, also known as “Dreamers”. However, since the Trump administration did not fully follow the verdict, Judge Garaufis recently intervened and ordered the Department of Homeland Security (DHS) to reinstate DACA as it was initially implemented in 2012 by the Obama administration.

It means the Trump administration must:

• Accept new DACA applications.
• Renew existing permits for two years, instead of one.

The federal judge ordered the Trump administration to implement these changes no later than Monday, December 7, 2020.

Contact Motion Law if you have any pending immigration cases, whether based on family, study, employment, humanitarian program, or any other.

The USCIS already updated its online platform to receive new DACA applications

The US Citizenship and Immigration Services (USCIS) is the DHS branch in charge of receiving, reviewing, and responding to immigration applications, including DACA applications.

Due to Judge Garaufis’ ruling, the USCIS already updated its website, where it states that immigrants who meet the mandatory requirements can request DACA for the first time, or, if they already have the permit, they can apply for a two-year renewal, at instead of one.

However, even though DHS is following the judge’s verdict, it states: “DHS will comply with Judge Garaufis’ order while it remains in effect, but DHS may seek relief from the order,” which means that the current administration will likely continue the legal battle against DACA, despite the fact that President Trump will leave office in about 6 weeks.

This is truly hopeful news for DACA recipients and those who are eligible, but have not been able to apply due to Trump’s policies. They felt hopeless after the current administration did not follow the Supreme Court’s mandate and thought they would have to face deportation proceedings.

Do you need to request your legal documentation in the US? Contact Motion Law and follow the advice of our experienced attorneys.

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