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Judge revives DACA, orders Trump admin to resume applications

December 5, 2020 | | Print Article

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A left-wing judge has revived President Barack Hussein Obama’s Deferred Action for Childhood Arrivals program, meaning illegal aliens who were allegedly brought to America as children may once again apply for protection from deportation.

Judge Nicholas Garaufis, an appointee of former President Bill Clinton, ruled Friday that DACA must be restored to its original form, i.e., it must be allowed to function the way it had before President Donald Trump began peeling it apart in 2017.

The judge also decreed that the Department of Homeland Security must begin accepting applications from illegal aliens starting next Monday and that it must reverse a policy instituted this past summer of issuing only one-year (versus two-year) permits.

The judge’s final ruling Friday was essentially a reaffirmation of what he’d ruled last month when he’d decreed that DHS Secretary Chad Wolf lacked the authority to roll back so many of DACA’s provisions as he’d done this past summer.

In July, Wolf issued a memo limiting applications and renewals for the DACA program.

“I direct DHS personnel to take all appropriate actions to reject all pending and future initial requests for DACA, to reject all pending and future applications for advance parole absent exceptional circumstances, and to shorten DACA renewals consistent with the parameters established in this memorandum,” he wrote at the time.

View his memo below:

DHS Secretary Chad Wolf DACA Memorandum by V Saxena on Scribd

On Nov. 14th, Garaufis argued that Wolf had lacked the authority to make these sweeping changes because he’d been lawfully appointed to the post.

After Kirstjen Nielsen resigned in April 2019, the president appointed Kevin McAleenan to serve as acting secretary. After he resigned six months later, the president then placed Wolf in the role. The problem is that this past August, the U.S. Government Accountability Office ruled that McAleenan’s appointment had been unlawful. This in turn meant that Wolf’s appointment had also been unlawful.

“Upon Secretary Kirstjen Nielsen’s resignation on April 10, 2019, the official who assumed the title of Acting Secretary had not been designated in the order of succession to serve upon the Secretary’s resignation,” the agency stated.

“Because the incorrect official assumed the title of Acting Secretary at that time, subsequent amendments to the order of succession made by that official were invalid and officials who assumed their positions under such amendments, including Chad Wolf and Kenneth Cuccinelli, were named by reference to an invalid order of succession.”

View the ruling below:

Government Accountability O… by V Saxena

Based on this ruling, Garaufis argued that Wolf’s DACA order was itself therefore unlawful.

“DHS failed to follow the order of succession as it was lawfully designated,” Judge Garaufis wrote. “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,” he said in November.

He continued Friday, “Accordingly, because Mr. Wolf was without lawful authority to serve as Acting Secretary of DHS, the Wolf Memorandum is VACATED. In light of the vacatur, all parties agree that the DACA program is currently governed by its terms as they existed prior to the attempted rescission of September 2017.”

Illegal alien activists celebrated the ruling and urged more illegal aliens to apply for the protections that have allowed tens of thousands of illegal aliens with arrest records (drug-related, theft, assault, rape, etc.) to avoid deportation:

Included among them was Steve Sisolak, the Democrat governor of Nevada, a state which is facing scrutiny right now over alleged voter fraud and impropriety.

If Democrat presidential nominee Joe Biden is inaugurated as president come January, the ruling will be moot regardless because he intends to go full-bore as it pertains to catering to illegal aliens and their interests.

During his first 100 days in office, he reportedly intends to pursue “citizenship for those here illegally,” revive DACA, freeze deportations, end the president’s wait-in-Mexico policy and halt the construction of a border wall.

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Vivek Saxena
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