Officials with the Department of Homeland Security (DHS) announced they will begin accepting first-time applications and renewals for the Deferred Action for Childhood Arrival program beginning Monday. U.S. District Court Judge Nicholas George Garaufis has issued an order that requires the U.S. Citizenship and Immigration Services (USCIS) to reinstate the DACA policy. The DHS has said they plan to comply with Judge Garaufis’ order while it is in effect but may seek relief from the order hinting that an appeal could be on the horizon.
“DHS will comply with Judge Garaufis’ order while it remains in effect, but DHS may seek relief from the order,” read the release from DHS.
President Trump ended the DACA program in 2017 claiming that the Obama-era program is unconstitutional. However, the Supreme Court ruled in June that Trump’s decision to end DACA violated federal law.
The Daily Caller reports:
In compliance with Garaufis’s opinion, USCIS will accept first-time applications for consideration of deferred action under the Deferred Action for Childhood Arrival (DACA) policy prior to September 2017, according to the DHS. Applications for advance parole documents will also be accepted under the same terms by the new order.
Acting DHS Security Secretary Chad Wolf issued a memorandum on June 15 that the administration would not accept new applications and would shorten renewal periods while they studied their options, the AP reported. Garaufis set the Monday deadline for the administration to announce that new applications would be accepted under the DACA terms set prior to Trump’s executive order.
“USCIS will take appropriate steps to provide evidence of the one-year extensions of deferred action and employment authorization documents under DACA to individuals who were issued documentation on or after July 28, 2020, with a one-year validity period under the Wolf Memorandum,” the DHS said in a statement.
One-year grants of deferred action and employment authorization under DACA will be extended to two years each, according to the DHS. The policy allows around 650,000 people to live and work in the U.S. without being deported, the AP reported.
On the campaign trail, Joe Biden repeated his plan to reinstate the Obama administration program once he takes office.
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