Dec. 4 (UPI) — EL PASO, Texas — Tens of hundreds of undocumented immigrants may very well be eligible for protections supplied underneath the Deferred Motion for Childhood Arrivals program after a federal decide ordered Friday this system should revert to its 2017 standing.

U.S. District Choose Nicholas G. Garaufis ordered that the Division of Homeland Safety should publish a public discover stating the division will once more course of purposes for this system for potential first-time enrollees.

The 2012 program was open to undocumented immigrants who got here to the nation earlier than they had been 16 and who had been 30 or youthful as of June 2012. As of March, about 106,000 DACA recipients lived in Texas, and one other 86,000 had been doubtlessly eligible to use, in keeping with the Migration Coverage Institute.

Friday’s order follows final month’s ruling that appearing DHS Secretary Chad Wolf wasn’t appointed to the place in keeping with DHS tips, rendering a July memo issued on the DACA program invalid. In that memo, DACA protections, which additionally embody a renewable two-year work allow, had been slashed to 1 yr. He additionally excluded new candidates from making use of. That got here regardless of the U.S. Supreme Courtroom ruling in June that the administration did not correctly halt this system when it introduced it was phasing it out greater than three years in the past.

However in his November ruling Garaufis mentioned Wolf’s succession did not observe correct process after former secretary Kevin McAleenan left the publish in October.

“DHS didn’t observe the order of succession because it was lawfully designated,” Garaufis wrote. “Due to this fact, the actions taken by purported Performing Secretaries, who weren’t correctly of their roles in keeping with the lawful order of succession, had been taken with out authorized authority.”

The difficulty of Wolf’s actions on the helm of the DHS was the topic of an August report by the Authorities Accountability Workplace, a federal watchdog, that concluded Wolf and Ken Cuccinelli, a senior official performing deputy secretary duties, had been appointed because of “reference to an invalid order of succession”.

The order Friday was greeted with cheers from the immigrant rights neighborhood.

“1000’s of younger individuals who ought to have been eligible for deportation safety and work authorization have been ready for over three years to entry this life-changing program and reside with peace of thoughts within the nation they name house,” Todd Schulte, the president of FWD.us mentioned in a press release. “It’s properly previous time for DHS to lastly observe the repeated judicial orders and start to simply accept these purposes.”

The case earlier than Garaufis, which is in New York state, is not the one DACA litigation nonetheless lively. Texas Legal professional Basic Ken Paxton remains to be pursuing a case within the Southern District of Texas in his effort to halt this system. A timeline on when that may very well be resolved is unclear.

This text initially appeared in The Texas Tribune. Learn the unique right here. The Texas Tribune is a non-profit, non-partisan media group that informs Texans — and engages with them — about public coverage, politics, authorities and statewide points.