Washington, D.C. – Tonight, a federal judge in New York issued an order following their ruling in the Batalla Vidal v. Wolf lawsuit, which challenged Acting DHS Secretary Chad Wolf’s July memo attempting to dismantle the Deferred Action for Childhood Arrivals (DACA) program invalid. The order asserts the DACA program is immediately back to its original form before September 5, 2017 when the Trump administration first tried to end DACA.
No later than Monday, the government must post on all of its websites that it is currently accepting first-time DACA applications, renewal requests, and advance parole applications. This same notice must make clear that all 65,800 one year DACA grants and work authorizations issued after the invalid Wolf memo will be extended to two years – with more specifics to come for DACA recipients who received one-year renewals.
Juliana Macedo do Nascimento, DACA Recipient and State and Local Policy Manager, of United We Dream, said:
“Today’s decision from a federal judge in New York is a victory for the courageous directly impacted plaintiffs, all DACA recipients and DACA-eligible youth. Proving once again that DACA is right, a federal court has reinstated DACA to its original form – before Trump tried to end it in 2017 – effective immediately. Since our victory at the Supreme Court this summer, over 300,000 DACA-eligible youth have been waiting for the Trump administration to comply with the ruling and instruct USCIS to start accepting and processing first-time DACA applications.
Although this is a victory for immigrant youth, loved ones and allies who have fought every step of the way, DACA does not give us permanent protection from deportation. Later this month the State of Texas v Nielsen case will have a hearing which could have further implications on the future of the DACA program, DACA recipients and DACA eligible young people. Once again, Trump’s allies could attempt to destroy DACA and expose millions to deportation. Living from court to court ruling, on the whims of politicians or which way the wind is blowing, is cruel and dehumanizing. The incoming Biden-Harris administration must use every tool at their disposal to move on permanent solutions for immigrant youth and over 11 million undocumented people living in this country. We won’t wait.”
