US federal court moves to protect 'Dreamers'
A US federal judge on Saturday rejected the White House’s limitations on a program protecting 700,000 so-called “Dreamers,” — undocumented migrants brought to the United States as children.
The judge in New York ruled that President Donald Trump’s acting Homeland Security Secretary Chad Wolf was not lawfully serving in his role when he issued the new rules for the Deferred Action for Childhood Arrivals program in July.
The ruling is another victory for proponents of the Barack Obama-era program. It comes after the US Supreme Court in June rejected Trump’s cancelation.
President-elect Joe Biden has pledged to reinstate the program when he takes office.
Wolf, who has not been confirmed in his role by the US Senate, issued new restrictions on the program in response to the Supreme Court ruling.
The ruling said his restrictions “effectively suspended” DACA, while the Trump administration reviewed how to proceed. Wolf’s rules said new applications would not be accepted and renewals would be limited to one year instead of two.
They are now invalid because “the court holds that Mr Wolf was not lawfully serving as Acting Secretary of Homeland Security under the Homeland Security Act” when he issued them, Judge Nicholas Garaufis said the correct procedure had not been followed for the acting secretary appointment.
It was not the first time Wolf has seen the legality of his appointment as acting secretary in 2019 questioned. Trump entered office promising to halt almost all immigration and to expel the more than 10 million people living in the country, many for decades, without legal immigration documents.
The Obama administration sought to address the issue in 2012, with the DACA policy offering protection at renewable two-year periods, including authorization to work, to people brought into the US illegally as children.
DACA, and the subsequent Deferred Action for Parents of Americans and Lawful Permanent Residents program were actions by Obama to eliminate the constant threat of deportation for more than 4 million undocumented migrants.