The US Supreme Court’s decision on United States v. Texas is expected very soon. There are two main initiatives in dispute in this lawsuit regarding President Obama’s executive actions on immigration:
Deferred Action for Parental Accountability (DAPA), and
Expanded Deferred Action for Childhood Arrivals (DACA expansion)
What is the Court considering?
The Court is considering several main issues:
- Do states have standing to bring this lawsuit?
- Do expanded DACA and DAPA violate federal law or procedures with these initiatives?
- Do DAPA and expanded DACA violate the constitution?
**Update: DAPA program is currently on hold. From USCIS: Update: Due to a federal court order, USCIS will not begin accepting requests for the expansion of DACA on February 18 as originally planned and has suspended implementation of Deferred Action for Parents of Americans and Lawful Permanent Residents. The court’s temporary injunction, issued February 16, does not affect the existing DACA. Individuals may continue to come forward and request an initial grant of DACA or renewal of DACA under the original guidelines. Please check back for updates. (http://www.uscis.gov/immigrationaction) **
President Obama took executive action on Immigration this past November. Part of his initiatives include a new program providing Deferred Action for Parents of Americans and Lawful Permanent Residents, or Deferred Action for Parental Accountability (DAPA).
Who is eligible?
- Parents of US citizens and lawful permanent residents who have been present in the US since 1/1/2010. These parents also need to pass a criminal background check and pay taxes.
What kind of relief is available?
- Eligible parents can obtain deferred action, which allows them to remain temporarily in the US without fear of deportation. In addition, they will be able to obtain employment authorization.
When is DAPA available?
- USCIS estimates 180 days following the President’s announcement, which would be May 2015.
What can I do now?
- Save for filing fees, likely $465
- Gather evidence to show presence in the US
- Do not travel outside of the US
- Consult with a licensed immigration attorney