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Esha Gupta

A U.S. Judge’s Ruling for DACA to be Reinstated

Updated: Dec 24, 2020

What is Daca?

Deferred Action for Childhood Arrivals, “DACA,” is a path to citizenship for certain undocumented immigrants in the US. Immigrants brought into the country as children, also known as “dreamers,” are given certain protections under DACA since most of their lives were spent in the country. Under DACA, those eligible receive protection from deportation as well as work permits. Since its creation by the Obama Administration in 2012, over 800,000 dreamers have been protected. However, the Trump administration, in 2017, halted the program’s acceptance of new applicants.


 

What is happening now?

In June, the Supreme Court ruled to reinstate DACA to its original program. However, Chad Wolf, Secretary of Homeland Security, decided instead to curb DACA rather than to follow the Supreme Court’s ruling. Under his command, no new applicants were accepted and the renewal period was cut in half from two years to one.


Now, another US judge is advocating for a full reinstatement of DACA, which would allow 300 thousand new dreamers to be eligible for the program. Judge Nicholas G. Garaufis found a flaw in Wolf’s memo and is claiming it to be invalid. If his ruling passes, the act will be completely reinstated, creating opportunities for thousands of Americans.


However, there are current legal battles ensuing. In Texas, federal courts are arguing about the constitutionality of the DACA program as it was initially issued as an Obama era executive order. Additionally, the Trump administration has voiced its support against the program and defends its decision to try and cull it. But with the upcoming transition of power, the Biden administration has vowed to reimplement DACA. So if the judge’s ruling precedes, DACA should be reinstated come the turn of the year.





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