The most immediate beneficiary of the court’s decision is likely to be immigrants who are eligible for DACA, but did not apply before the Trump administration cut the application in September 2017. The decision may also lead DHS to reinstate DACA and prevent the administration to a large extent. At the same time: the ability for Dreamers to leave the country and return, without losing their quasi-legal status and work permits.
But the import of the judge’s decision at this time is unclear as President-Elect Joe Biden prepares for office and admissions to have a different approach to immigration. Biden is widely expected to push for legislation to limit deportation and legalize so-called Dreamers, but any action taken by executive action could lead to similar court challenges that Obama’s Policies and later went after Trump.
The Supreme Court ruled 5-4 in June, stating that the Trump administration’s 2017 decision to abolish DACA is legally flawed. The ruling did not eliminate the possibility of President Donald Trump’s appointments, but failed to take into account related factors when he sought to shut down the program three years ago.
The High Court’s ruling was expected to restore the program to its full scope, but a few weeks later Wolf issued a decision barring new applications, creating a policy against travel permits known as advanced parole goes. His order also cut the length of DACA grants and related work permits for the past two to one year.
Immigration advocates called the move an act of defiance. A federal judge in Maryland is currently considering a motion declaring the administration failed to restore the full DACU program for contempt of court.
New York Attorney General Letitia James, whose office on Saturday led one of two lawsuits led by the ruling Garaufis, welcomed the decision.
“The Supreme Court has already ruled that President Trump’s attempt to unfairly punish Dreamers was illegal, but now another federal court has ruled that this administration in an effort to target and punish innocent young people Attempting is just illegal. ” in a statement. “Time and time again, this outgoing administration attempted to use young immigrants as political immigrants. … Our coalition will not hesitate to use every tool at our disposal to protect these youth in every way. If possible! “
A spokesman for DHS and the Department of Justice did not immediately respond to requests for comment on the decision.