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Wednesday, May 08, 2024

Dreamers urge for protections in Senate hearing on immigrant youth

Young immigrants who have been shut out of DACA point to the program's success in an attempt to garner bipartisan support for "a path to U.S. citizenship."

Immigration rights activists rally in front of the Supreme Court in 2019. 
Mandel Ngan / AFP via Getty Images file


May 8, 2024, 
By Nicole Acevedo
NBC

As immigration policies take center stage in the nation’s political debate and the fate of the Deferred Action for Childhood Arrivals program remains uncertain, senators are holding a hearing Wednesday on the "urgent need to protect immigrant youth," according to the Senate Judiciary Committee.

The occasion has prompted 1,636 scholars and alumni of TheDream.US, an organization helping DACA recipients and other undocumented immigrant youths known as Dreamers go to college, to sign a letter urging Congress to "provide us with the opportunity to pursue a path to U.S. citizenship naturalization."

"Such action will provide certainty to our families and communities and strengthen our nation’s economy by ensuring the future of a vital, vibrant workforce," the letter, first shared with NBC News, reads.

Other organizations such as evangelical and educational groups have also shared letters of support ahead of the hearing.

Gaby Pacheco, an education leader and president of TheDream.US, is one of five witnesses expected to speak at the hearing. She will be advocating for legislation that would give a pathway to legalization to young immigrant adults who've spent most of their lives in the U.S., something that polls have shown has broad support.

"The reality is that more than ever, without bipartisanship, we're not going to be able to get anything done," Pacheco told NBC News in a phone interview ahead of her testimony.

But achieving the much-needed bipartisanship may be more challenging now than ever before, said Pacheco, a former DACA recipient who has advocated for Dreamers her entire life.

Sen. Dick Durbin, D-Ill., chairman of the Judiciary Committee, opened the hearing focusing on the contributions of Dreamers and DACA recipients. Sen. Lindsey Graham, R-S.C., the ranking member, responded saying that fixing DACA “is not my concern right now” because his priority is solving the “complete, utter disaster” riddling the border and U.S. immigration policies.

Graham added that legalizing Dreamers sends others the message “to keep coming” and will worsen the current immigration crisis.

The senators’ differing stances are a departure from their bipartisan efforts just a year ago when they both introduced the Dream Act of 2023, which would have allowed Dreamers to earn lawful permanent residence.

Immigration has increasingly become a flashpoint for politicians on both sides of the aisle ahead of the November presidential election, with Republicans overwhelmingly pointing to selected instances of undocumented noncitizens charged with murder and other serious crimes to push for hard-line immigration policies, while Democrats decry such efforts and deem them “cheap” political tactics.

According to the National Institute of Justice at the Justice Department, “Recent research suggests that those who immigrate (legally or illegally) are not more likely, and may even be less likely to commit crime in the US.”

“I think it’s very sad and tragic, what happens in the country when a very small, tiny population that does bad things is now put front stage to scare everyday Americans about who immigrants are,” said Pacheco, who has been in the U.S. since she was 8, after emigrating from Ecuador with her family.

Such dynamics are reflected in the pool of witnesses testifying before the Senate, which includes Tammy Nobles, the mother of slain 20-year-old Kayla Hamilton who sued the federal government in January alleging it allowed a gang-affiliated undocumented teen charged with Hamilton's killing into the country.

More than 800,000 young adults who were brought to the U.S. as children and lack legal immigration status have been able to work and study without fear of deportation since DACA was first implemented in 2012 as an executive action by then-President Barack Obama. An overwhelming majority of DACA recipients were born in Mexico and other Latin American countries.

Then-President Donald Trump tried to shut down the program, though he was stopped by the courts. A series of lawsuits challenging DACA spearheaded by Republican-led states continue making their way through the courts.

An estimated 400,000 young people who would have been eligible to apply for DACA have been shut out of the program since 2021, when a federal judge decided to halt the program for new registrants amid the ongoing legal challenges.

In addition to Nobles and Pacheco, the other witnesses include Mitchell Soto-Rodriguez, a police officer in Illinois who has DACA, and two immigration policy experts.

Irving Hernandez, 20, one of the hundreds of TheDream.US scholars and alumni who signed the organization's letter to Congress, is among those who have been shut out of DACA in recent years.

A junior at Metropolitan State University of Denver, Hernandez is studying health psychology and aspires to have a career helping people dealing with anxiety, depression, trauma and other mental health challenges.

"I want to be such a huge catalyst for change," he said.

Hernandez said he wants lawmakers to "give Dreamers the opportunity to succeed, because we really don't get that opportunities."

Supporters of DACA say it’s one of the most successful policies for immigrant integration.

Since DACA started in 2012, recipients have contributed $108 billion to the economy, as well as $33 billion in combined taxes, according to FWD.us, a bipartisan group supporting immigration reform. Most DACA recipients are young adults who have lived in the U.S. for more than 16 years.

Pacheco, a longtime advocate trying to bridge the political divide on Dreamer legislation, recalled testifying at a congressional hearing over a decade ago, shortly after she became a DACA recipient. Now sitting in front of senators as someone who was able to become a naturalized U.S. citizen after she was sponsored by her husband, Pacheco said she hopes to convey her life story to them, show the success of the DACA program and put a spotlight on the immigrant youth who have been shut out of the program.

Nicole Acevedo is a reporter for NBC News Digital. She reports, writes and produces stories for NBC Latino and NBCNews.com


EXCLUSIVE

IMMIGRATION

Democrats urge Biden to act on immigration as Trump threatens deportations

More than 80 lawmakers sent Biden some concrete ideas as his administration considers executive actions to address U.S. border crossings.

Rep. Nanette Barragan, D-Calif., said Biden "should seize this critical moment."
Kent Nishimura / Getty Images file

May 8, 2024, 
By Julie Tsirkin

WASHINGTON — Immigration advocates and Democratic lawmakers are urging President Joe Biden to prioritize long-term undocumented immigrants as his administration weighs executive actions to curb record crossings along the southern border.

In a letter signed by more than 80 lawmakers, including members of the Congressional Hispanic and Progressive caucuses, the Democrats ask Biden to “take all available actions to streamline pathways to lawful status for undocumented immigrants” ahead of the November election.

”Deporting all such individuals — as former President Donald Trump has threatened to do if reelected — would devastate the American economy and destroy American families,” they added.

The letter offers concrete steps they say the White House could take, including streamlining the process by which DACA recipients, or undocumented immigrants brought to the country as children, can seek to change to a non-immigrant status.

Arizona Sen. Kelly says immigration is the ‘most frustrating’ issue of his ‘adult life’

Lawmakers also ask Biden to unify families by allowing undocumented migrants married to U.S. citizens to seek parole on a case-by-case basis and reduce processing times for green card cases so that those migrants could be eligible to work.

The chair of the Hispanic Caucus, Rep. Nanette Barragan, D-Calif., said in a statement that Biden “should seize this critical moment by exercising his Executive Authority to rebuild our broken immigration system.”

“We urge him to provide pathways to citizenship and protections for the millions of long-term undocumented residents who have contributed to the rich fabric of the United States,” she said.

The new push follows a letter in March from Senate Democrats, led by Judiciary Committee Chair Dick Durbin, D-Ill., and Immigration Subcommittee Chair Alex Padilla, D-Calif., outlining the same call to action.

”As the Biden administration considers executive actions on immigration, we must not return to failed Trump-era policies aimed at banning asylum and moving us backwards,” Padilla told NBC News in a statement.

On Monday, NBC News reported that Biden is considering using his executive authority in the coming weeks to potentially restrict the number of migrants who can enter the U.S.

The administration has been in touch with immigration advocacy groups ahead of any executive order.

A Department of Homeland Security official with knowledge of the discussions said the White House would most likely invoke power reserved for the president in Section 212(f) of the Immigration and Nationality Act, which allows a president discretion over who is admitted into the U.S.

Under that authority, Customs and Border Protection would be directed to block the entry of migrants crossing over from Mexico if daily border crossings passed a certain threshold. It’s similar to a provision of the border bill negotiated by a bipartisan group of senators earlier this year, which was killed by Republicans, in part, at Trump’s urging.

Advocates are worried that the policy would be too restrictive on asylum, as are some Democrats who opposed the bill in February and called for a legal pathway to citizenship for undocumented people in the U.S. to be included in the text.

Members of the Congressional Hispanic Caucus lobbied the administration over months to no avail, with Democratic leadership eventually giving up its long-held red line on immigration reform to unlock aid to Ukraine amid a Republican blockade.

The GOP rejected the bipartisan compromise regardless, effectively sinking all near-term prospects for Congress to tackle an issue that has plagued the U.S. government for years.

Nonetheless, Padilla said this is Biden’s “opportunity” to “provide relief for the long-term immigrants of this nation.”

The California Democrat is leading a press conference Wednesday afternoon with lawmakers and advocates from FWD.us, American Families United, UnidosUS and CASA to spotlight the letter to Biden.

The president of FWD.us, an immigration advocacy group, said in a statement that most Americans “don’t have the opportunity to improve the lives of hundreds of thousands of American families — but President Biden does.”

”He has the legal authority to provide affirmative relief to the spouses of U.S. citizens, and other longtime undocumented community members,” Todd Schulte said. “We hope, and believe, he will act soon to protect these American families.”

Saturday, June 20, 2020


Trump says he'll push forward with plans to end DACA


President Donald Trump said he plans to submit new paperwork in his bid to end the Deferred Action for Childhood Arrivals Program. Photo by Stefani Reynolds/UPI | License Photo

June 19 (UPI) -- President Donald Trump said Friday he plans to continue his effort to dismantle the Deferred Actions for Childhood Arrivals program one day after the Supreme Court blocked his attempts to do so.

The high court ruled Thursday, by a vote of 5-4, that the Department of Homeland Security's efforts to end DACA was arbitrary and capricious and illegal under the federal Administrative Procedure Act.

Trump took to Twitter on Friday to signal his plans to continue his challenge to the Obama-era program.

"The Supreme Court asked us to resubmit on DACA, nothing was lost or won. They 'punted', much like in a football game (where hopefully they would stand for our great American Flag)," he tweeted.

RELATED Watchdog: CBP struggled to handle migrant surge at border

"We will be submitting enhanced papers shortly in order to properly fulfil the Supreme Court's ruling & request of yesterday. I have wanted to take care of DACA recipients better than the Do Nothing Democrats, but for two years they refused to negotiate - They have abandoned DACA. Based on the decision the Dems can't make DACA citizens. They gained nothing!"

Trump announced in 2017 plans to wind down the DACA program, saying it would give Congress a chance to pass "responsible" immigration reform. He could use executive action to end DACA, as Congress has been unable to agree on any legislation on the issue.

Ken Cuccinelli, the acting head of U.S. Citizenship and Immigration Services, told Fox & Friends the administration was starting the process over to end the program.

RELATED Trump administration proposes more restrictions on asylum

"We're going to move as quickly as we can to put options in front of the president," he said. "That still leaves open the appropriate solution which the Supreme Court mentioned and that is that Congress step up to the plate."

Former President Barack Obama used an executive order to create DACA in June 2012 to provide protections for undocumented immigrants brought to the United States as children. It gives them the ability to obtain work permits and study in the country, provided they meet certain guidelines like graduating from high school and don't present a risk to national or public safety. Some 800,000 so-called Dreamers are protected under the program.

RELATED Federal judge blocks pandemic-based deportation of Honduran teen


Protesters rally against DACA repeal


Demonstrators protest President Donald Trump's decision to end the DACA program outside the Justice Department in Washington, D.C., on Wednesday. Photo by Erin Schaff/UPI | License Photo











Saturday, July 18, 2020


Judge orders Trump administration to accept new DACA applications



The new order comes one month after the Supreme Court said the Trump administration's efforts to terminate DACA were arbitrary and capricious. Photo by Kevin Dietsch/UPI | License Photo

July 17 (UPI) -- A federal judge in Maryland ordered the Trump administration to accept new applications for the Deferred Action for Childhood Arrivals program on Friday.

Since President Donald Trump began his efforts to terminate the program in 2017, the U.S. government hasn't accepted new applications. The administration has allowed existing DACA recipients -- undocumented immigrants brought to the United States as children -- to continue to receive the protections.

Last month, though, the Supreme Court ruled that Trump's attempts to terminate DACA was arbitrary and capricious, and unconstitutional.

District Judge Paul Grimm on Friday said the Trump administration must enforce DACA according to its status before the efforts to terminate it.

RELATED Judge extends deadline for U.S. to release migrant children

CASA, the organization that sued to enforce DACA fully, welcomed the ruling.

"This DACA decision reaffirms what we already knew and what SCOTUS already said: the Trump admin's ... heartless attempt to terminate the DACA program was illegal and they must immediately begin accepting new DACA applications," the organization said on Twitter.

President Barack Obama started the DACA program with an executive order in 2012 in an effort to provide temporary relief from deportation for children brought to the United States by undocumented parents. It also allows them to work and go to school in the United States without risk of being sent to their country of birth.




Trump sought to end the program in favor of allowing Congress to pass its own immigration reform, which failed.

DOCUMENT











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Friday, September 20, 2024

 

Enrollment of undocumented students at California universities dropped from 2016 to 2023



UC researchers point to increasing restrictions on enrollment, job availability for DACA students



Peer-Reviewed Publication

University of California - Davis




Enrollment of low-income, undocumented students declined by half at University of California and California State University campuses from 2016 through the 2022-23 academic year, according to a new study by the University of California Civil Rights Project at UCLA and UC Davis School of Law. 

The paper, “‘California Dreamin’: DACA’s Decline and Undocumented College Student Enrollment in the Golden State” is believed to be the first to report on data collected during an era marked by increasing limitations on DACA, or Deferred Action for Childhood Arrivals. 

Further, researchers found, for UC and CSU low-income undocumented students overall (new and continuing students) there was a 30% decline between 2018-19 and 2022-23. This reflects a delayed impact as earlier large cohorts took time to graduate.

Given existing state laws intended to provide equal access for undocumented students who grew up in California, the authors attribute the stark declines to the gradual constrictions on DACA since 2017, which worsened after a Texas federal district court’s national injunction in 2021 blocking the processing of new DACA applications, researchers said. Restrictions make it more difficult for Gen Z undocumented college students to obtain legal employment and other benefits that make college more accessible and affordable, researchers said.

The study, authored by William C. Kidder, research associate at the UCLA Civil Rights Project, and Kevin R. Johnson, professor and former dean, UC Davis School of Law, is forthcoming in the Journal of College & University Law

“As a researcher and as an administrator who has worked in both the UC and CSU, what surprised me was just how consistent the findings were across the two university systems,” said Kidder, referring to new Dream Act enrollment declines of 51% at UC and 48% at CSU since 2016-17 and other key findings. “I believe that underscores how common it is for young Gen Z undocumented college students to struggle when DACA is beyond reach and when they are excluded from campus jobs and surrounding labor markets.”

The study compared low-income undocumented students with low- and lower-middle income students at UC and CSU with similar academic profiles. The absence of declines among these control groups highlights the unique challenges faced by undocumented students today. It also supports the authors’ conclusion that the stifling of DACA plays a major role in explaining why undocumented college students are having such a difficult time pursuing the dream of a university education, the authors said.

“The study serves as a reminder that action is needed to address the fading away of DACA, which benefited so many young noncitizens,” said Johnson. “Hopefully, Congress and the president in the future work to address the issues.” 

The California state legislature passed Assembly Bill 2586, known as the Opportunity for All Act, which would prevent the UC, CSU and California Community Colleges from disqualifying students from applying for campus employment due to their failure to provide proof of federal work authorization. The bill was sent to Gov. Gavin Newsom earlier this month.

“California is as an upper-bound test case with the strongest, longest and arguably most robust set of state laws and university-level aid policies to support undocumented college students including in the realm of financial aid,” the authors wrote. 

Even so, given the gradual demise of DACA for recent cohorts of young Gen Z undocumented students hoping for access to quality higher education opportunities, the data show those opportunities are declining, the authors said. 

 

 

Thursday, August 25, 2022

 DACA Rule Release Aims to Bolster


 Program for ‘ Dreamers’ 

Aug. 24, 2022, \

Administration aims to fortify program’s legal standing

Fifth Circuit considering arguments on policy’s legality

The Biden administration on Wednesday released the final version of regulations intended to fortify the Deferred Action for Childhood Arrivals program against legal challenges.

The program, launched in a 2012 memo by the Obama administration, offers protection from deportation and the ability to work legally to some 600,000 undocumented young people who came to the US as children. The regulation replaces the Obama-era memo and takes effect Oct. 31.

The Biden administration crafted the regulation in response to legal challenges that have plagued DACA since its inception. The rule doesn’t make the program bulletproof, however, as some litigants and judges question whether the Department of Homeland Security has authority to issue broad deportation protections at all.

“Today, we are taking another step to do everything in our power to preserve and fortify DACA, an extraordinary program that has transformed the lives of so many Dreamers,” Homeland Security Secretary Alejandro Mayorkas said in a statement.

Mayorkas called on Congress to pass legislation to create a pathway to citizenship for DACA recipients, often known as Dreamers. Many lawmakers quickly echoed that sentiment, pushing the Senate to take up House-passed legislation (H.R. 6) protecting Dreamers and other undocumented immigrants.

“This step forward does not take away from the urgency for 10 Senate Republicans to join all Democrats to pass the House-passed bipartisan Dream and Promise Act and provide certainty and a pathway to citizenship for our hardworking Dreamers across the country,” Congressional Hispanic Caucus Chair Raul Ruiz (D-Calif.) said in a statement.

The legislation would need the support of 10 Republicans and all Democrats to meet the Senate’s 60-vote threshold—an uphill battle amid increasing Capitol Hill polarization on immigration policy ahead of midterm elections.

Inside the Rule

The DHS’s final regulation maintains existing criteria for DACA status and the process for seeking work authorization. The rule will apply only to DACA renewal requests, not to new applications, while a federal court order remains in place barring DHS from granting new requests for status.

DACA has faced challenges in court from Republican-led states even after a Trump administration effort to rescind the program was overturned by the US Supreme Court in 2020.

Last year, Houston-based US District Judge Andrew Hanen ruled the program was unlawful because it was created through a secretarial memo and not a formal rulemaking process. The US Court of Appeals for the Fifth Circuit heard arguments in an appeal of that ruling in July.

“DHS has carefully and respectfully considered all aspects of the analysis in that decision, including that decision’s conclusions about DACA’s substantive legality,” the agency said in the final regulation Wednesday, adding that it “respectfully disagrees.”

The Department of Homeland Security received more than 16,000 comments in response to a draft rule released in September. The proposed rule largely codified the 2012 memo that created the program.

However, the draft regulations allowed recipients to apply for deferred action and work eligibility separately, to the chagrin of immigration advocates and business groups who feared that could ultimately undermine employment authorization. The final version retains the existing process.

(Updated with additional reporting throughout.)

Friday, August 26, 2022

Editorial: Biden is right to fortify DACA, but America needs a legislative solution

2022/08/26
Zoe Lofgren, D- Calif., left, join DACA recipients and other lawmakers at an event celebrating the 10th anniversary of DACA, at the U.S. Capitol on June 15, 2022, in Washington, D.C.. - Kevin Dietsch/Getty Images North America/TNS

There’s hardly been a more consequential law for immigration policy over the past several years than the Administrative Procedure Act, which has been used against both the Trump and Biden administrations to great effect by those charging that the federal government is making decisions capriciously.

Among the policies in the crosshairs has been Deferred Action for Childhood Arrivals, the Obama-era executive program that since 2012 has offered hundreds of thousands of young people brought illegally into the country as children the opportunity to secure work authorization and be shielded from deportation.

In its more than 10 years of existence, DACA has been the subject of constant litigation and barely held on until, last July, Trump-appointed Texas federal Judge Andrew Hanen — quickly becoming a go-to hatchet man for conservatives hoping to nix Biden priorities — ruled it unconstitutional, allowing current enrollees to renew applications but blocking additional enrollments, and setting up the eventual termination of the policy.

Hanen decided that, when Obama’s Department of Homeland Security first issued the memo establishing DACA, it did so without observing proper rule-making procedures. Biden has now neutralized this argument by putting a new, formal federal rule reestablishing the DACA program through an extensive notice-and-comment period, crossing all the t’s and dotting all the i’s. Its structure is the exact same as the existing DACA policy, but it now has the much more solid backing of being part of the nation’s official regulatory framework.

This should help the program clear legal obstacles, but it’s not enough. The administration must be prepared to keep defending it all the way up to the Supreme Court while continuing to put pressure on lawmakers to finally codify a version of the DREAM Act into law, offering not just DACA’s temporary protections but a full path to citizenship for people for whom the United States is and will always be home, including for the many children who have arrived since the original supposed stopgap program went into effect. That’s the answer truest to our common values: treating hardworking, law-abiding immigrants as fellow Americans.

———

© New York Daily News

Sunday, August 11, 2024

AMERIKA

Mass Deportations Would be a Nightmare


 
 August 9, 2024
Facebook

There’s an image that’s stayed with me for weeks: A sea of people holding up “Mass Deportation Now” signs at the Republican National Convention.

Since then, I’ve been plagued with nightmares of mass raids by the military and police across the country. I see millions of families being torn apart, including families with citizen children. And I see DACA recipients — like me — carried away from the only life we’ve ever known.

Mass deportation wasn’t just a rallying cry at the GOP convention. It’s a key plank of Project 2025, a radical document written by white nationalists listing conservative policy priorities for the next administration.

And it would be a disaster — not just for immigrants, but for our whole country.

I moved to the United States when I was six. Until my teenage years, I didn’t know I was undocumented — I only knew I was from the Philippines. I grew up in Chicago with my twin brother. Our parents worked hard, volunteered at my elementary school, and ensured we always had food on the table. They raised us to do well and be good people.

But when my twin and I learned that we were undocumented, we realized that living our dreams was going to be complicated — on top of the lasting fear of being deported.

Everything changed right before I entered high school in 2012: The Obama administration announced the Deferred Actions for Childhood Arrivals policy, or DACA. The program was designed to protect young people like my twin and me who arrived in the U.S. at a young age with limited or no knowledge of our life before. We’re two of the 600,000 DACA recipients today.

DACA opened many doors for us. It’s allowed to drive, attend college, and have jobs. And we’re temporarily exempt from deportation, a status we have to renew every two years.

DACA helped me set my sights high on my studies and career. Although I couldn’t apply for federal aid, with DACA I became eligible for a program called QuestBridge that granted me a full-ride scholarship to college. Today I work in public policy in the nation’s capital, with dreams of furthering my career through graduate school.

But if hardliners eliminate DACA and carry out their mass deportations, those dreams could be swept away. And it would be ugly — mass deportation would be a logistical disaster, taking decades and costing billions.

Imagine your friends, neighbors, colleagues, peers, and caretakers being dragged away from their homes. For me, it would mean being forced back to the Philippines, a place I haven’t seen in two decades. My partner, my friends, my work — all I’ve ever known is here, in the country I call home.

This country would suffer, too.

An estimated 11 million undocumented people live here. We’re doctors, chefs, librarians, construction workers, lawyers, drivers, scientists, and business owners. We fill labor shortages and help keep inflation down. We contribute nearly $100 billion each year to federal, state, and local taxes.

Fear-mongering politicians want you to believe we’re criminals, or that we’re voting illegally. But again and again, studies find that immigrants commit many fewer crimes than U.S.-born Americans. And though some of us have been long-time residents of this country, we cannot vote in state or federal elections.

Despite all the divisive rhetoric, the American people agree with immigration advocates: Our country needs to offer immigrants a path to legalization and citizenship. According to a Gallup poll last year, 68 percent of Americans support this.

My dark dreams of mass deportations are, thankfully, just nightmares for now. And my dreams of a secure future for my family and all people in this country outweigh my fears. We must do everything possible to keep all families together.

Alliyah Lusuegro is the Outreach Coordinator for the National Priorities Project at the Institute for Policy Studies. 

Alliyah Lusuegro is the Outreach Coordinator for the National Priorities Project at the Institute for Policy Studies.

Saturday, November 14, 2020

Judge rules Daca suspension invalid, Homeland Security head in office illegally


Chad Wolf took office unlawfully, says federal court judge, therefore could not suspend program that shields young people from deportation



Associated Press

Sun 15 Nov 2020 
 
Acting Homeland Security chief Chad Wolf during a Senate confirmation hearing in September. Photograph: Greg Nash/AFP/Getty Images


A federal judge in New York has ruled that the acting secretary of the Department of Homeland Security, Chad Wolf, assumed his position unlawfully and has invalidated Wolf’s suspension of the Deferred Action for Childhood Arrivals (Daca) program, which shields young people from deportation.

“DHS failed to follow the order of succession as it was lawfully designated,” the US District Judge Nicholas Garaufis wrote.


Chad Wolf: who is the Trump official leading the crackdown in Portland?


“Therefore the actions taken by purported acting secretaries, who were not properly in their roles according to the lawful order of succession, were taken without legal authority.”

About 650,000 people are part of Daca, which allows young immigrants who were brought to the country as children to legally work and shields them from deportation.

Karen Tumlin, an attorney who represented a plaintiff in one of two lawsuits that challenged Wolf’s authority, called the ruling “another win for Daca recipients and those who have been waiting years to apply for the program for the first time”.

Wolf issued a memorandum in July effectively suspending Daca pending review by DHS. A month earlier the US supreme court had ruled that Donald Trump failed to follow rule-making procedures when he tried to end the program, but the justices kept a window open for him to try again.

Roberto G Gonzales and Kristina Brant

In August the Government Accountability Office, a bipartisan congressional watchdog, said Wolf and his acting deputy, Ken Cuccinelli, were improperly serving and ineligible to run the agency under the Vacancies Reform Act. The two have been at the forefront of administration initiatives on immigration and law enforcement.

Wolf is the fifth person to serve as homeland security secretary under Trump in an acting or confirmed capacity, while George W Bush and Barack Obama each had three people in the job over the course of their two presidential terms. Wolf was named to the post only after two of the president’s preferred candidates were ruled ineligible to take up the job.

Since being appointed to the role, Wolf has overseen the controversial deployment of federal agents to quell Black Lives Matter protests in Portland, as well as denying that there was a problem with systemic racism in US law enforcement. He has also downplayed the threat of Covid-19, while overseeing the implementation of extreme immigration restrictions the White House claimed would stem the spread of coronavirus.

In Garaufis’s ruling on Saturday, the judge wrote that DHS did not follow an order of succession established when then-secretary Kirstjen Nielsen resigned in April 2019.

DHS did not immediately respond to a request for comment on the