On July 17th, a federal judge ruled that the Trump administration must accept new applications for DACA, a program started by former President Obama to protect undocumented immigrants who came to the U.S. as children. A month ago, the Trump administration attempted to completely end the DACA program, but this order was blocked by the U.S. Supreme Court on the basis that the administration did not provide sufficient justification for ending the DACA program.
The DACA program applies to undocumented immigrants who were younger than 16 years old when they came to the country and who were 30 years old or younger as of June 2012. Under the program, immigrants would receive a renewable, two-year work permit. USCIS has been renewing the DACA status for about 650,000 immigrants, but rejecting all new applicants since Trump took office.
In his 4-page order, U.S. District Court Judge Paul Grimm announced that the DACA program will return to its “pre-September 5, 2017 status,” which refers to the pre-Trump era when any eligible immigrant had the opportunity to apply to the program.
Judge Paul Grimm wrote, “Defendants [including the Department of Homeland Security] and their agents, servants, employees, attorneys, and all persons in active concert or participation with any of them, are ENJOINED from implementing or enforcing the DACA rescission and from taking any other action to rescind DACA.”
It is uncertain whether many will apply for the DACA program, as this requires releasing identifying information to officials who are serving an administration that has been increasingly hostile towards immigrants. Immigration and Customs Enforcement (ICE) of the Department of Homeland and Security (DHS) is currently reviewing the ruling. Amidst uncertainty, president and CEO of the National Immigration Forum, Ali Noorani, noted: “Ignoring this decision puts the administration directly at odds with the rule of law, and leaves DREAMers steeped in even more uncertainty about their futures.”
From the Supreme Court down, the courts have supported the decision for the DACA program to remain and to open for new applicants. The decision to restore DACA to a pre-Trump era will allow around 300,000 young and eligible immigrants to apply.