News / Politics

Federal judge rejects Trump limits on 'Dreamer' immigration program

Sunday, 15 November 2020 10:37 AM [ Last Update: Sunday, 15 November 2020 11:05 AM ]

Dozens of women and their children, many fleeing poverty and violence in Central America, arrive at a bus station following release from US Customs and Border Protection on June 22, 2018, in McAllen, Texas. (AFP photo)

A US federal judge has rejected the limitations imposed by the Trump administration on a program protecting hundreds of thousands of immigrants - often called “Dreamers” - who entered the United States illegally as children.

Judge Nicholas Garaufis in New York ruled Saturday President Donald Trump's acting Homeland Security Secretary Chad Wolf was not lawfully serving in his role when he issued the new rules for the DACA program - the Deferred Action for Childhood Arrivals - created in 2012 by his Democratic predecessor Barack Obama - in July.

The new ruling is another victory for supporters of the program after the US Supreme Court in June rejected Trump's cancellation of it.

Wolf, who has yet to be confirmed in his role by the US Senate, placed new restrictions on the program in response to the Supreme Court ruling.

Saturday's ruling said his restrictions "effectively suspended" DACA, while the Trump administration reviewed how to proceed.

According to Wolf's rules, new applications would be rejected and renewals would be limited to one year instead of two.

They are now invalid because "the court holds that Mr. Wolf was not lawfully serving as Acting Secretary of Homeland Security under the Homeland Security Act" when he issued them, Garaufis said in his ruling.

Garaufis also said the correct order of succession had not been followed for the acting secretary’s appointment.

This not the first time the legality of Wolf’s appointment as acting secretary in 2019 has been drawn into question.

US Supreme Court thwarts Trump plan to end 'Dreamers' immigrant program

The US Supreme Court on Thursday dealt President Donald Trump a major setback on his hardline immigration policies.

Trump’s immigration policies have sparked protests both inside the US and abroad since he took office. He has pledged to deport millions of undocumented immigrants and keep Latin American immigrants from illegally entering the country by building a wall on the border with Mexico.

In 2020, the Obama administration sought to address the issue, with the DACA policy offering protection at renewable two-year periods, including authorization to work, to Dreamers.

DACA, and the subsequent DAPA program - Deferred Action for Parents of Americans and Lawful Permanent Residents - were executive actions Obama took to end the threat of deportation for undocumented migrants.

After taking office, Trump canceled DAPA and then went after the more established DACA, but immediately encountered a series of court battles over it.

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