Last November, President Obama issued an executive order expanding temporary immigration reform. This executive action included the expansion of Deferred Action for Childhood Arrivals (DACA) and a new program called Deferred Action for Parental Accountability (DAPA). For further details about these programs, check out our January 15, 2015 blog post.
U.S. Citizenship and Immigration Services (USCIS) had anticipated accepting expanded DACA applications on February 18, 2015 and DAPA applications on May 29, 2015. However, these start dates are now delayed and USCIS has provided no timeline of when the application process will begin.
The reason for the delay is because Texas, joined by 25 other states including Michigan, filed a lawsuit to try to stop the expanded DACA and the DAPA programs. On February 16th, the night before USCIS was going to begin accepting applications for the expanded DACA program, Judge Andrew Hanen, a U.S. District Court Judge in Texas, issued an order halting the programs.
The U.S. Department of Justice has appealed the decision to halt the programs, arguing that Judge Hanen lacked legal authority to stop the programs and that stopping the programs is not in the public’s best interest. At a minimum, the U.S. Department of Justice is asking for the program to move forward in states other than Texas.
The original DACA program, in effect since June 2012, continues to be up and running.
For more information about whether you qualify for the original DACA program and/or for questions about your immigration status, please contact our office to speak with an experienced immigration attorney.
Petrella Brown PLC 