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Demonstration on December 6 before the Capitol in Washington against the repeal of the Daca program. Mark Wilson / AFP
Demonstration on December 6 before the Capitol in Washington against the repeal of the Daca program. Mark Wilson / AFP

A second federal judge temporarily blocks the rescission of DACA

This is what you should know about DACA’s temporary restoration.

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While in the Senate they fight to reach an agreement that manages to protect the 800,000 undocumented youth who came to the country as children, resistance from the federal courts in the country continues.

On January 9, a federal judge ruled against President Trump's decision to suspend the Deferred Action for Childhood Arrivals program (better known as DACA), which protected undocumented youth and allowed them to work and study as long as they met the requirements of maintaining a clean criminal record.

As Univisión reported then, the order instructed the federal government to keep the program open on the same terms. Judge William Alsup of the San Francisco City District issued the ruling "while reviewing a lawsuit filed in November of last year" by several agencies, including the University of California, the city of San Jose and the Santa Clara County

The legal argument was based on the fact that the cancellation of the program "was an arbitrary and erratic measure" of the current government.

To that line of demand has now been added a new ruling, this time from a district judge of Brooklyn, Nicholas Garaufis, who has ruled that DACA "cannot finish in March as planned", maintaining the restoration of the program as it was effective on September 4, 2017, as Univisión continues.

Garaufis acknowledged “it would be best if elected officials – rather than judges – settled on a solution for DACA,” the NY Daily News reported. But before the reality that is perceived in the Congress, certain measures have had to be taken, in spite of the refutations of the Department of Justice and its threats of appeal.

Now, what has changed?

As of January 13, the Office of Citizenship and Immigration Services (USCIS) began receiving applications for re-registration and renewal. The new ruling authorizes new applicants to register for the first time, as long as they qualify with the stipulated requirements on August 15, 2012. This implies that DACA has been completely reinstated, despite the fact that the Department of Homeland Security maintains "a wide discretion with the program," as explained by an immigration lawyer to Univision.

The recommendation made by the lawyers, according to the media, is to "register as soon as possible", following the instructions of the Citizenship Office that can be consulted here.

 

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