San Antonio Express-News

Federal judge fully restores DACA

But ‘Dreamers’ aren’t entirely in clear — another case looms

- By Maria Sacchetti

Thousands of undocument­ed immigrants brought to the United States as children are immediatel­y eligible to apply for an Obama-era program that grants them work permits, a federal judge in New York ruled Friday.

U.S. District Judge Nicholas Garaufis in Brooklyn said he was fully restoring the 8-year-old Deferred Action for Childhood Arrivals, or DACA, program to the days before the Trump administra­tion tried to end it in September 2017.

He ordered the Homeland Security Department to post a public notice by Monday to accept first-time applicatio­ns and ensure work permits are valid for two years.

Acting Homeland Security Secretary Chad Wolf had issued a memo in July reducing DACA recipients’ work permits to one year, but Garaufis ruled last month that Wolf had unlawfully ascended to the agency’s top job and vacated the memo.

“The court believes that these additional remedies are reasonable,” Garaufis said. “Indeed, the government has assured the court that a public notice along the lines described is forthcomin­g.”

Maria Rocha, a sixth-grade teacher at Mark Twain Middle School in San Antonio who was brought to the U.S. by her undocument­ed parents when she was 3 years old, said the ruling “brings me joy.”

“This was a surprise,” said Rocha, 33. “I wasn’t expecting this to be on the table.”

DACA was signed into law June 15, 2012, her 25th birthday. She said it was the best birthday she’s ever had. She since has received DACA protection from deportatio­n.

She said the ruling “makes me feel secure.” After living undocument­ed for decades, her parents recently became legal residents and were able to travel to Mexico

and visit their relatives for the first time since they moved to the U.S.

Advocates for immigrants cheered the longawaite­d ruling, though they have expected Presidente­lect Joe Biden to fully restore the DACA program as soon as he takes office in January — something he pledged to do.

But the immigrants known as “Dreamers” aren’t necessaril­y in the clear.

Attorneys general in Texas and other states have asked a federal judge to declare DACA unlawful and to provide for an orderly wind-down of it. A hearing in that case is scheduled for later this month.

Karen Tumlin, a lawyer for the immigrants in the case, cheered Friday’s ruling. But she said the immigrants need Congress to pass a law that would grant them a firm path to citizenshi­p.

“This is a day that DACA recipients and young people have waited for for far too long,” she said. “It’s a reminder, as always, that what we really need is a permanent solution.”

Diego Mancha, 26, of San Antonio received DACA protection and a renewable work permit in 2013.

He said he applied for another renewal in April, but it’s been on hold.

He hopes Friday’s order will kick U.S. Citizenshi­p and Immigratio­n Services processing into gear.

“It’s a good opportunit­y to our spirits to be lifted but still remember that there’s more to be done,” he said.

About 640,000 immigrants currently are enrolled in the DACA program.

 ?? Thao Nguyen / Contributo­r file photo ?? Life for DACA recipients has had numerous ups and downs during the Trump administra­tion. In this photo from June, Andrea Fernandez gets emotional after looking up a Supreme Court ruling on the issue.
Thao Nguyen / Contributo­r file photo Life for DACA recipients has had numerous ups and downs during the Trump administra­tion. In this photo from June, Andrea Fernandez gets emotional after looking up a Supreme Court ruling on the issue.

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