纽约——周五,一名联邦法官裁定,特朗普政府必须接受儿童入境延期行动计划的新申请,该计划旨在保护一些年轻移民免受驱逐,并撤销了代理国土安全部部长暂停该计划的备忘录。
美国地方法官尼古拉斯·加罗菲斯(Nicholas Garaufis)表示,政府必须在三天内发布公告,包括在其网站和所有其他相关政府机构的网站上,宣布接受新的DACA申请。
该裁决是在11月份的一项裁决之后做出的,当时加劳菲斯表示,国土安全部代理部长查德·沃尔夫(Chad Wolf)的职位是非法的。
周五,法官表示,沃夫在7月发布的暂停DACA新申请的备忘录无效,延长有效期从两年减少到一年。
在美国最高法院6月裁定唐纳德·特朗普总统试图结束该项目时没有遵循规则制定程序之后,沃尔夫发布了他的备忘录。
Garaufis还命令政府在1月4日之前完成一份关于DACA计划的状态报告。
一封寻求评论的电子邮件被发送到国土安全部。
“每当即将离任的政府试图利用年轻移民作为政治替罪羊时,他们就玷污了我们国家的价值观。法院的命令清楚地表明,公平、包容和同情至关重要,”纽约州总检察长莱蒂西亚·詹姆斯说,他在针对政府的一场诉讼中领导了一些州总检察长。
DACA始于2012年奥巴马政府时期,允许某些年轻移民合法工作,并保护他们免受驱逐。获得批准的人必须首先通过背景调查并定期更新。
特朗普政府在2017年宣布了该计划的结束,导致法律挑战最终出现在最高法院面前。
在做出裁决时,最高法院支持DACA,称政府关闭它的特殊方式是不恰当的,但总统确实有权这样做。
“梦想家们为正义奋斗了这么久。法院第二次命令政府恢复处理DACA的申请。是时候做正确的事情了,”詹妮弗·莫利纳,当选总统乔·拜登过渡团队的发言人,周五说。“第一天,当选总统拜登将确保梦想家和他们的家人有机会过上没有恐惧的生活,并继续为我们的国家做出贡献。”
目前约有650,000人参加了该计划。
Judge: Trump administration must take new DACA applications
NEW YORK -- The Trump administration must accept new applications for the Deferred Action for Childhood Arrivals program that protects some young immigrants from deportation, a federal judge ruled Friday, in vacating a memo from the acting Homeland Security secretary that had suspended it.
U.S. District Judge Nicholas Garaufis said the government had to post a public notice within three days — including on its website and the websites of all other relevant government agencies — that new DACA applications were being accepted.
The ruling follows one from November where Garaufis said Acting Department of Homeland Security Secretary Chad Wolf was unlawfully in his position.
On Friday, the judge said that invalidated the memo Wolf had issued in July suspending DACA for new applications and reducing how long renewals were valid from two years down to one year.
Wolf had issued his memo after the U.S. Supreme Court had ruled in June that President Donald Trump failed to follow rule-making procedures when he tried to end the program.
Garaufis also ordered the government to put together a status report on the DACA program by Jan. 4.
An email seeking comment was sent to the Department of Homeland Security.
“Every time the outgoing administration tried to use young immigrants as political scapegoats, they defiled the values of our nation. The court’s order makes clear that fairness, inclusion, and compassion matter," said New York state Attorney General Letitia James, who led a number of state attorneys general in one of the lawsuits against the administration.
DACA, which was started in 2012 during the Obama administration, allows certain young immigrants who were brought to the country as children to legally work and shields them from deportation. Those who are approved for it must first go through background checks and regularly renew.
The Trump administration had announced the end of the program in 2017, leading to the legal challenges that wound up in front of the Supreme Court.
In making its ruling, the Supreme Court upheld DACA, saying that the particular way the administration had gone about shutting it down was improper, but that the president did have the authority to do so.
“Dreamers have fought so hard for justice. For the second time, a court has ordered the administration to resume processing DACA applications. It’s time to do the right thing," Jennifer Molina, a spokesperson for President-elect Joe Biden’s transition team, said Friday. "On day one, President-elect Biden will ensure Dreamers and their families have the opportunity to live their lives free of fear and continue to contribute to our country.”
About 650,000 people are currently enrolled in the program.