On February 16, 2015, the court issued a preliminary injunction against DACA’s expansion and DAPA’s implementation after determining that the states are likely to succeed on their procedural APA claim. The opinion stated that Texas has standing to bring the lawsuit because DAPA and DACA’’s expansion will impose processing and issuance costs for the state when these individuals apply for driver’s licenses.

The government appealed the court’s decision to the U.S. Court of Appeals for the Fifth Circuit, which is proceeding on an expedited basis. The court will hear oral argument on July 10, 2015. The government also asked the Fifth Circuit to stay the injunction, or to stop the injunction from being in effect.  On May 26, 2015, the Fifth Circuit denied that stay motion in a 68-page opinion, stating that the federal government was unlikely to succeed in its appeal of the preliminary injunction.

As the litigation on this matter continues, the status of millions of immigrants hangs in the balance. Though the litigation does not affect those who already have DACA, those who would likely be able to apply though DACA’s expansion, in addition to those that could apply for DAPA, will have to await this case’s resolution.

Written by Danielle Drago, a law student at Vanderbilt University

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Unfortunately, an impasse has developed between the states, Congress and the Executive branch of government, and many states brought suit to declare the new programs to be unconstitutional. On February 16, 2014, a Texas federal district judge granted an injunction against implementation of the initiatives. As a result, USCIS announced it will not accept any applications for expanded DACA or for DAPA until all legal challenges are resolved. President Obama has expressed that he will appeal the court ruling and it is widely believed that his administration will prevail. For further information on the status of DACA and DAPA programs, please check http://www.uscis.gov/immigrationaction.

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The first DACA approvals will begin to expire in September 2014. To avoid a lapse in the period of deferral and employment authorization, individuals must file renewal requests before the expiration of their current period of DACA. USCIS encourages requestors to submit their renewal request approximately 120 days (four months) before their current period of deferred action expires.

Individuals may request DACA renewal if they continue to meet the initial criteria and these additional guidelines:

-Did not depart the United States on or after Aug. 15, 2012, without advance parole;
-Have continuously resided in the United States since they submitted their most recent DACA request that was approved; and
-Have not been convicted of a felony, a significant misdemeanor or three or more misdemeanors, and do not otherwise pose a threat to national security or public safety.

The renewal process begins by filing the new version of Form I-821 D “Consideration of Deferred Action for Childhood Arrivals”, Form I-765 “Application for Employment Authorization” and the I-765 Worksheet. There is a $465 filing and biometrics (fingerprints and photo) fee for Form I-765. As with an initial request, USCIS will conduct a background check on DACA renewals.

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