DHS approved DACA applications in violation of court order
Homeland Security’s lawful immigration agency has admitted before a judge that it approved DACA new applications despite the court’s orders halting this work.
Tracy Renaud was the acting director of U.S. Citizenship and Immigration Services stated last week that two renewal applications had been approved. However, it was only recently discovered that they were not new applications and should have been blocked by Judge Andrew Hanen ‘s July ruling.
These are nine additional applications that were fully processed in July.
Ms. Renaud is the acting deputy director at USCIS. She also stated that the agency had advanced more applications for DACA than 600 initial DACA applicants after the judge’s orders. In a declaration she filed with Judge Hanen ., Ms. Renaud stated that none of these were approved.
The Biden administration insists it used “an abundance caution” to follow the judge’s orders. However, officials stated that the bungles occurred “despite those efforts .”
” Furthermore, USCIS lawyer James J. Walker, Justice Department, said in a court file accompanying Ms. Renaud’s declaration.
DACA gives illegal immigrant “Dreamers”, an amnesty and grants them work permits. The Obama administration created it in 2012 through an executive branch memo.
Judge Hanen ruled the violation of procedural law. This requires significant policy changes that must go through the regulatory process, including public comments and responses.
But with more than 600,000 Dreamers currently protected by DACA, he didn’t ax the program altogether. He issued a temporary injunction that allows them to continue to be protected and to renew their rights every two years, but it also blocks new applications.
USCIS states that this is where the problems start.
In the case of two applications that were rejected, USCIS claims they were treated as renewals and should have been considered as original applications.
The more than 600 applications were incorrectly advanced involved appointments to collect fingerprints. This is part of DACA. Ms. Renaud stated that the applicants had made those appointments prior to Judge Hanen ‘s ruling. Despite USCIS’s efforts to cancel appearances, hundreds of people still turned up.
Ms. Renaud stated that all cases were put on hold.
Rob Law, former chief office of planning, strategy and USCIS, stated that it should have been simple for the agency to eliminate applications that were not to be processed.
If USCIS adjudicators even look at these initial requests then the system is flawed and/or the political leaders are ordering them to break the order,” stated Mr. Law who is currently the director of regulatory affairs policy at the Center for Immigration Studies.
USCIS declined to comment on the declaration, citing its policy not to discuss matters in litigation.
This is not the first instance of this type of situation.
During the Obama years, DACA applications were also processed by the agency in violation of another ruling from Judge Hanen .
In that instance, approximately 2 ,600 3-year DACA permits were issued despite Judge Hanen having issued an injunction in 2015..
Judge Hanen stated at that time that the administration was using a “cavalier approach”, which caused USCIS to scramble to get all the permits back. Even officers were ordered to go door to door to retrieve the permits.
USCIS didn’t address the reason for the repeated violation six years later.