Deferred Action Archives - Rose Immigration Law Firm, PLC https://roseimmigration.com/tag/deferred-action/ We help corporate and individual clients from every corner of the world. Fri, 17 Jun 2022 05:44:48 +0000 en-US hourly 1 https://wordpress.org/?v=6.5.2 Update on Executive Action https://roseimmigration.com/update-on-executive-action/ Wed, 02 Dec 2015 10:14:14 +0000 http://www.roseimmigration.com/?p=2197 On November 9, 2015, the Fifth Circuit upheld a lower Texas federal court’s injunction against two new executive actions introduced by President Obama last year to better align removals (deportations) with current enforcement priorities. The Deferred Action for Parental Accountability initiative (DAPA) would defer removal and enable undocumented parents of U.S. citizen children to obtain […]

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]]> On November 9, 2015, the Fifth Circuit upheld a lower Texas federal court’s injunction against two new executive actions introduced by President Obama last year to better align removals (deportations) with current enforcement priorities. The Deferred Action for Parental Accountability initiative (DAPA) would defer removal and enable undocumented parents of U.S. citizen children to obtain employment authorization, social security numbers, and driver’s licenses. Currently it is not possible for most undocumented parents of U.S. citizen children to obtain these benefits.

The other initiative would expand the number of immigrants eligible for Deferred Action for Childhood Arrivals (DACA), which offers the same benefits as DAPA. Only immigrants who entered the United States prior to the age of sixteen who meet educational, physical presence and residence requirements would qualify. An expert Massachusetts OUI lawyer says that neither measure would offer a path to citizenship or benefit those who were convicted of certain crimes. Both were designed to keep convicted criminals at the forefront of immigrants being removed while permitting those with strong citizen family ties and other sympathetic circumstances to remain for renewable, two-year time periods. Approximately four million people would be eligible to apply.

The Obama Administration appealed the Fifth Circuit’s decision to the U.S. Supreme Court on November 20, 2015. Please contact your attorney at Rose Immigration Law Firm, PLC if you have any questions regarding your eligibility for DAPA or DACA.

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]]> 2197 DAPA and Expansion of DACA Rests on Fifth Circuit’s Shoulders in Texas v. United States https://roseimmigration.com/dapa-and-expansion-of-daca-rests-on-fifth-circuits-shoulders-in-texas-v-united-states/ Wed, 10 Jun 2015 12:59:43 +0000 http://www.roseimmigration.com/?p=2082 The case Texas v. United States will determine the fate of the proposed expansion of Deferred Action for Childhood Arrivals (DACA) and the proposed Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) programs. This suit was filed in federal district court in Brownsville, Texas by twenty-six states, including Texas and Tennessee. The […]

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]]> The case Texas v. United States will determine the fate of the proposed expansion of Deferred Action for Childhood Arrivals (DACA) and the proposed Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) programs. This suit was filed in federal district court in Brownsville, Texas by twenty-six states, including Texas and Tennessee. The suit was filed shortly after President Obama’s November 20, 2014 announcement of the Immigration Accountability Executive Action, a series of administrative reforms of immigration policy. The reforms aim to expand DACA and create DAPA for the parents of U.S. citizens and lawful permanent residents who meet specific criteria.

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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