March of the “Dreamers” | Photo courtesy of diario.elmundo.sv
NEW YORK — Judge Nicholas Garaufis of the US District Court in Brooklyn ruled Saturday, Nov. 14, that acting Homeland Security Chief Chad Wolf had no legal authority when he restricted applications to the DACA program. Wolf was “not lawfully serving,” Judge Garaufis said.
According to CNN, the Senate has yet to confirm Wolf’s appointment, and there are no current plans to do so.
Previously, in July, Wolf’s ordered that the DHS would not accept new applications for DACA and also limited any renewals to one year instead of the previous two.
In June, the US Supreme Court, blocked the Trump administration from ending the Deferred Action for Childhood Arrivals (DACA). In a majority decision penned by Chief Justice John Roberts, the Court ruled that the Department of Homeland Security’s action “arbitrary and capricious,” therefore unlawful. The ruling was 5-4 with the four liberal justices concurring and the four more conservative justices dissenting.
“We do not decide whether DACA (Deferred Action for Childhood Arrivals) or its rescission are sound policies,” Roberts said. “We address only whether the agency complied with the procedural requirement that it provide a reasoned explanation for its action. Here the agency failed to consider the conspicuous issues of whether to retain forbearance and what if anything to do about the hardship to DACA recipients.”
The latest court ruling is another win for DACA recipients and those who have been waiting years to apply to the program for the first time,” wrote Karen Tumlin of the Justice Action. She represents DACA recipients in the case, reported NPR.
Although Judge Garaufis issued the ruling, he did not order DHS to begin accepting applications. It has somehow made it unclear to applicants if their applications would be accepted or not.
President Barack Obama, in 2012, launched the DACA program, which offers work authorization and relief from deportation to thousands of immigrants who came to the US as children.