A landmark decision by a Brooklyn federal court
made it possible once again for new applicants to apply for DACA, the Deferred
Action for Childhood Arrivals program.
U.S. District Judge Nicholas Garaufis ruled Friday that the
Trump administration has to fully restore the program, which allows immigrants
who came to the U.S. as children to request to defer deportation for a period
of two years.
Johana Larios, a Mexican immigrant and mother living in New
York City since she was a toddler, tried apply for the program two days before
the Trump administration suspended it.
"I just couldn’t believe it,” she told News 12. “I was
just starting my life over with my son. So it was really difficult for
me."
In June, the Supreme Court blocked the attempted
suspension. But Chad Wolf, the acting Homeland Security secretary, then issued
a memo which restricted the program rather than abolishing it. Shortening the
deferral period to one year instead of two.
That happened just before Larios tried applying again.
"I had already submitted my application, everything
was set, and then I get the news that my application wasn’t going to be
processed," she said.
On Friday, the court found Wolf was not legally serving as
Homeland Security secretary when he wrote the memo restricting DACA – a move
that canceled the memo as a result.
Make the Road New York called it a “huge victory.”
The ruling, which can be appealed, instructs the federal
government to post a public notice saying they will accept new DACA applicants
on Monday.
News 12 reached out to the Department of Homeland Security
for a comment.