DAPA and DACA Update

Illegal immigration concept , 3d illustration

On February 16, 2015, a Texas federal district court judge issued a preliminary injunction temporarily blocking the Deferred Action for Parental Accountability (DAPA) and the expansion of the Deferred Action for Childhood Arrivals (DACA). Due to this, applications for DAPA and DACA are not currently being processed.

In March, the government filed an emergency motion with the Fifth Circuit Court of Appeals in New Orleans to stay the injunction pending the appeal. The government is also attempting to reverse the injunction entirely. However, the Appellate Court, in a 2 to 1 decision, denied the government’s request for an emergency stay of the injunction. This action leaves the stay in place, meaning that DAPA and DACA cannot proceed.

In the March ruling, the Court found that the government was “unlikely to succeed” in establishing that the 26 states who filed the appeal lack a sufficient injury, or “standing,” to challenge President Obama’s actions in creating DAPA and DACA. The result of this ruling is that DAPA and DACA will continue being delayed.

On July 10th, the Appellate Court held a hearing and heard arguments on the appeal of the permanent injunction. This hearing is to determine whether the stay was legally justified. No ruling has been made yet and it is unknown when one will be made. One indication as to how the Court will rule came in the ruling on the emergency injunction, when it said that the administration was not “likely to succeed” in this litigation. But it’s important to know that there are seventeen judges in the Fifth Circuit and it is not known which served on the initial panel. A different panel could very well make a different ruling.

At this point it is just a waiting game on the Court’s ruling. If the Government succeeds, then applications for both DAPA and DACA could start being accepted soon thereafter. If the Government loses, then it is likely that this matter will be appealed to the United States Supreme Court, delaying these programs even longer.

To stay updated on current USCIS issues or to learn more about DAPA and DACA, please visit Central Florida’s full service immigration firm at www.OrlandoVisa.com, or call us at (407) 648-5742.

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