On November 20, 2014, the President of the United States announced the implementation of several executive actions relating to immigration. Among these actions was a program entitled "Deferred Action for Parents of Americans and Lawful Permanent Residents", which is commonly referred to as "DAPA". This program wuld allow parents of U.S. citizens and lawful permanent residents to request deferred action (deferring possible deportation) and providing temporary employment authorization for three years, provided the person passes a criminal background check and has lived continuously in the United States continuously since January 1, 2010. This week's blog post will summarize the recent legal action affecting the DAPA program.
Anticipating the implementation of the DAPA program, 26 states joined together and filed a lawsuit in federal court in Brownsville, Texas. The suit alleged that the DAPA program was illegal as it was an implementation of a program by the executive branch of our government that had no foundation or authority in law enacted by the legislative branch of our government. The federal judge granted a temporary injunction prohibiting the implementation of the DAPA program.
The federal government then appealed the ruling to the 5th Circuit Court of Appeals in New Orleans, Louisiana. The 5th Circuit Court of Appeals upheld the injunction, so that the implementation of the DAPA program remained on hold. The federal government then sought review of this ruling by the United States Supreme Court.
On June 23, 2016, the Supreme Court issued a one-sentence ruling, stating, "The judgment is affirmed by an equally divided court". The legal significance of this ruling is that the judgment of the 5th Circuit Court of Appeals upholding the injunction against implementation of the DAPA program remains in effect, meaning simply that the DAPA program cannot be implemented. The Deferred Action for Childhood Arrivals "DACA" program was not affected by this ruling, and remains in effect.
If you have questions about eligibility for deferred action, whether as a parent of a United States Citizen or Lawful Permanent Resident, or as a person who entered the U.S. illegally as a child, you don't have to go through the journey alone. To protect and preserve your immigration options, foreign nationals should have competent legal advice and assistance with regard to their immigration status. Christiansen Law Firm assists foreign nationals as they go through the complex immigration process. The immigration law attorneys of Christiansen Law Firm have extensive experience in handling immigration matters, having represented more than a thousand individuals in immigration matters. Contact the offices of Christiansen Law Firm in Houston or San Antonio for additional information.