Judge’s order restores DACA program to Obama-era standards

OREGON- On Friday, a federal judge ordered the restoration of the “Deferred Action for Childhood Arrivals” program, or DACA. This change is just another mark in the immigration policy’s rocky history.

This court order will undo changes made to the program by the Trump administration over the past four years. Some program participants are breathing a sigh of relief, as it has *not been an easy road to get to this win.

The federal “Deferred Action for Childhood Arrivals” program was started by President Obama in 2012. DACA protects children brought into the U.S. by undocumented parents and its impact has reached deep into local communities.

“Some of your favorite people working at your restaurants, clinics, hospitals,  some of the vibrant start-ups and restaurants, our best and brightest are DACA recipients,” explained Medford immigration lawyer Yaschar Sarparast. He says its been a roller coaster for program participants as the program is put into limbo every year.

The conflict over DACA and immigration resulted in multiple lawsuits, two government shutdowns, and was a major issue in two presidential elections.

“A lot of immigrants were holding their breath during this election and one of the reasons was due to the positive effects that the Biden administration has promised for immigration,” Sarparast said.

Last week, a federal judge in Brooklyn ordered the administration to restore the program entirely. Sarparast says he has been busy since then.

“Today we’re getting phone calls, as of last week we were getting phone calls and consultations with folks in preparation for this, who want to now apply for the first time.” he said. Prior to this order, only existing DACA members could apply for renewal.

There are over 9,000 DACA recipients in Oregon, but restoring DACA opens the door for a whole new group of applicants.

“The most significant, drastic change as a result of this ruling is that new applicants that previously didn’t qualify, for example due to their age could not apply, only renewals could apply. And now new applicants are permitted to apply,” Sarparast explained.  But he says immigration advocates are also cautious.

He says even with a month left in the Trump presidency, DACA could be upended once again.

“There are risks, frankly, because they have to understand that this could be stopped or canceled at any moment potentially before the new administration comes in,” the lawyer explained.

As a result of the judge’s decision, the Department of Homeland Security is accepting new and returning DACA applications. Some immigration advocates are holding out celebrating until President-elect Joe Biden takes office.

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