Judge Reverses DACA Suspension Finds Chad Wolf Unlawfully Appointed

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Today’s judgment in favor of Dreamers around the United States is really hopeful, declares Karen Tumlin, a lawyer in the case. On Nov. 14, 2020, The National Immigration Law Center also responded using Twitter: “VICTORY!”

A New York City federal judge found the Department of Homeland Security’s order to block new Deferred Action for Childhood Arrivals (DACA) applications unlawful.

The decision was made based on the agency acting secretary, Chad Wolf’s lack of authority to suspend “protections for a class of migrants brought to the United States illegally as children.”

Judge Nicholas Garaufis “concluded that a series of bureaucratic and legal moves that the Trump administration took last year to install Wolf atop the Department of Homeland Security without Senate confirmation was unlawful and invalid.”

Politico reports that those who benefit from the judge’s decision are likely those eligible for DACA but did not apply by the cut-off deadline of September 2017 as President Trump imposed. Hopefully, Garuafis’ ruling will prompt the DHS to restore a benefit stopped at the same time — allowing the Dreamers to leave the United States and return without losing their DACA status and their work permits.

In June, the Supreme Court ruled against Trump’s attempt to shut down the DACA protections. Nonetheless, on July 28, Wolf suspended the Dreamers program pending review.

This ruling’s timing could be the easiest immigration policy for President-Elect Joe Biden to reverse once he takes office on Jan. 20, 2021.

Written by Cathy Milne-Ware


NBC: Federal judge rules acting DHS head Chad Wolf unlawfully appointed, invalidates DACA suspension; by Dennis Romero
Politico: Judge: Trump appointee lacked authority to rein in DACA; by Josh Gerstein
USA Today: Biden might need years to reverse Trump’s immigration policies on DACA, asylum, family separation, ICE raids, private detention and more, by Alan Gomez and Daniel Gonzalez

Featured and Top Images Courtesy of Victoria Pickering’s Flickr Page – Creative Commons License


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