A Delay, Not A Defeat: DAPA’s Recent Updates

United States v. Texas was one of the U.S. Supreme Court’s highest profile disputes this term, touching on a host of significant issues, from constitutional issues such as the ability of states to challenge federal immigration programs, the extent of executive branch power and by implicating the status of millions of immigrants. The Court’s decision reflected a four to four split, which challenged President Obama’s signature immigration reform efforts.

Programs such as DAPA “Deferred Action for Parents of Americans and Lawful Permanent Residents” are now at high risk of being permanently shut down. DAPA is a planned American immigration policy to grant deferred action status to certain illegal immigrants who have lived in the United States since 2010 and have children who are either American citizens or lawful permanent residents. Deferred action is not full legal status but would come with a three-year, renewable work permit and exemption from deportation.

The program was announced in November 2014 by President Barack Obama, along with a number of immigration reform steps including increased resources for border enforcement, new procedures for high-skilled immigrants, and an expansion of the existing Deferred Action for Childhood Arrivals ”DACA” program.

While immigration policy is largely the scope of the executive branch, the 26 states that challenged the law argued that DAPA would force them to provide benefits to applicable immigrants, in violation of the tenth amendment to the U.S. Constitution. The U.S. Supreme Court’s split decision means an outcome concerning this matter will be delayed further.

What’s Next?

In the meantime, DAPA remains on hold, as it has been for over a year. But the controversy over the program won’t go away just yet. The case will continue to work its way back through the courts and will soon be before Judge Hanen again.

Many people still want to know:

Who is eligible for the Deferred Action for Parents of Americans and Lawful Permanent Residents “DAPA” program?

To be eligible for deferred action under DAPA, you must:

• Be the parent of a U.S. citizen or lawful permanent resident.
• Have continuously resided in the U.S. since January 1, 2010.
• Were present in the U.S. on November 20, 2014. It’s also likely that you will need to be present in the U.S. every day from November 20, 2014, until eligible to apply for DAPA.
• Not have a lawful immigration status on November 20, 2014. To meet this requirement, (1) you must have entered the U.S. unlawfully, or, if you entered lawfully, your lawful immigration status must have expired before November 20, 2014; and (2) you must not have a lawful immigration status at the time you apply for DAPA.
• Have not been convicted of certain criminal offenses, including any felonies and some misdemeanors.

If you would like to contact an experienced Immigration Attorney or have any questions about the current status of DAPA and DACA Immigration contact our office today. Pathak Law dedicates their time to all facets of Immigration Law. Rebecca Pathak and her team work with clients every day to help them achieve their goals of U.S. residency and citizenship. If you would like to contact us we can be reached at (818) 238-9444 or 24 hours a day at our website www.pathaklaw.com.