Tag Archives: Expanded DACA

Motion of Stay for DAPA, DACA

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The United States Department of Justice filed an emergency motion to stay a preliminary injunction against a series of executive orders issued by President Obama in November. Fourteen states plus the District of Colombia filed an amicus curiae to support the Justice Department’s stay. The stay is filed with the US Court of Appeals for the Fifth Circuit.

We have closely been following the developments of Texas v. United States, in which Texas and other states are suing against President Obama’s Expanded DACA and DAPA programs. Expanded DACA would grant deferred action status for three years to individuals who have been here since 2010 without status and are low priority for removal (plus other criteria). DAPA would grant deferred action to parents of US citizens and permanent residents who have been here since 2010 without status and are low priority for removal (plus other criteria).

DACA & DAPA Ruling

In mid-February, a federal judge in Texas ruled in favor of Texas on the grounds that the executive branch did not follow the normal rules of Notice and Comment in issuing the DACA and DAPA programs. Work authorization for certain H-4 dependents will be allowed starting May 26. That was part of the executive order program in November, but it had already undergone the Notice and Comment process.

 

DACA – February 18

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The DACA Process

 

USCIS Will Start Accepting Expanded DACA Applications on February 18

DACA (Deferred Action for Childhood Arrivals) was established as a temporary relief measure for individuals who were brought to the United States as children and grew up in the US. President Barack Obama created the program through an executive order for the purpose because legislative efforts to create a DREAM Act had been stifled in Congress. A DREAM Act would allow for a path to citizenship for “dreamers,” individuals who had come to the United States as children and had continuous residence in America. Essentially, they were raised in the United States and had their entire lives in the country. DACA is only limited relief, as it provides for two years of deferred action against deportation and work authorization upon proving the seven criteria and prosecutorial discretion. This blog has covered DACA and the president’s executive actions with great interest, while hoping that meaningful immigration reform will be enacted.

Neither the DREAM Act nor comprehensive immigration reform have become bills and the president has responded with a series of executive orders that can offer temporary relief until congressional action is taken. The executive orders range from minor improvements in employment immigration to relief for millions of parents of US citizens and lawful permanent residents with the DAPA (Deferred Action for Parents of Americans and Lawful Permanent Residents) program. Part of the executive order is the expansion of DACA, making it available for more individuals. The requirements have changed, so that the age restriction is removed and the date for continuous residence is January 1, 2010. Instead of two years of deferred action, like DAPA, it will grant three years for successful applicants.

Expanded DACA goes into effect on February 18. It requires a filing fee for the application and biometrics (fingerprints) and extensive proof to document continuous residence. USCIS and immigration groups have been warning potential applicants not to be fooled by impostors or fraudulent individuals who pose as legitimate attorneys. Notarios, as they are deemed, can harm immigrant applications immediately and also saddle applicants with negative future consequences.

DACA nor DAPA grants a Green Card, US citizenship, or even a pathway to either. The programs merely allow for individuals who are low-enforcement priorities (according to recent memos pursuant to the executive orders) to obtain temporary relief while permanent legislation is enacted for actual relief. Until the political process generates a meaningful result, the executive orders will have to make do.