The Trump administration has been working very hard to end the protection granted to Dreamers, the undocumented immigrants that were brought to the US as children, but the attempt to end the DACA program has just been thwarted for a second time by a federal judge. The judge’s ruling requires the Department of Homeland Security (DHS) to continue accepting renewals for Dreamers.
A New York district court judge, Nicholas Garaufis, ruled similarly to a preliminary injunction issued last month in California by Judge William Alsup. Trump attempted an appeal with the Supreme Court, but so far no stay has been granted. As it stands, the DACA renewals will remain open, most likely for months.
According to the rulings, the DHS must accept applications from both the DACA recipients needing renewal and those that have already had their two-year work permits expire. Those rulings do not apply to people not previously protected by the program.
Although Judge Garaufis did not dispute Trump’s authority to end DACA, he did have this to say about his process:
“If the decision is allowed to go into effect prior to a full adjudication on the merits, there is no way the court can “unscramble the egg” and undo the damage caused by what, on the record before it, appears to have been a patently arbitrary and capricious decision.”
The Senate is supposed to be working on immigration reform that would provide the Dreamers with a path to citizenship, however, as can be expected they have made very little progress.