Emergency Stay Filed by DOJ

The Department of Justice filed an emergency stay today in the Obama administration’s quest to restart the DAPA (Deferred Action for Parents of Americans) and expanded DACA (Deferred Action for Childhood Arrivals) programs that were enjoined last week. Judge Harlam of a federal court in Texas issued an injunction last week, shutting down the two programs before they could accept applications. Guidelines were issued for both DAPA and DACA. DACA was set to begin on February 18 and DAPA was tentatively scheduled for May.

Deferred action is a type of prosecutorial discretion that the executive branch exercises to allow migrants who lack immigrant or non-immigrant status to remain in the United States. Neither of the deferred actions would grant actual status. They would allow qualifying applicants to acquire an employment authorization card, so that they could work legally, along with a three-year grant to stay in the United States without the threat of removal or deportation. The criteria for the programs can be found here and here.

The overriding policy of US immigration law is family reunification and the programs were designed with that mind. Immigration action has come in the form of executive action, a result of congressional inaction on passing immigration reform or the DREAM Act. The programs are supposed to be temporary measures while meaningful reform can occur through the legislative process.

26 states, led by Texas, petitioned to shut down the expanded DACA and DAPA programs, citing economic harm and executive overreach. The Department of Justice has announced its intention to appeal the federal decision.

Other aspects of the executive actions from November are unaffected. In addition, DACA as originally implemented on June 15, 2012 remains in effect for recipients and future applicants.