Expanded DACA and DAPA Delays Continue
There is more bad news for those looking for immigration reform. On Tuesday, May 26, 2015, the Fifth Circuit Court of Appeals ruled against lifting the preliminary injunction against the President’s November 2014 Executive Order on Immigration. What does that mean?
DAPA & Expanded DACA Remain On Hold
It means that unless the US Supreme Court overturns the Fifth Circuit Court of Appeals decision or until the Federal Court in Texas can actually have a trial and decide whether or not President Obama has the authority to issue Immigration Reform through Executive Action, the Federal Government continues to be restricted from doing anything under the Expanded Deferred Action for Childhood Arrivals immigration relief (commonly referred to as DACA) and Deferred Action for Parents of Americans (commonly referred to as DAPA) programs. In short, DAPA and Expanded DACA applications cannot be filed at the moment.
So what happens now to all those hoping to apply for the new DACA and DAPA programs? We continue to wait.
We must now wait for the Supreme Court to make a decision on the Court of Appeals’ ruling; or, until the Federal Trial Court holds a trial on the actual case;, or until the Court of Appeals considers a second request by the Federal Government for review of the preliminary injunction.
Currently, a second hearing on the preliminary injunction is scheduled for July of 2015. This hearing is a second challenge to the preliminary injunction. The attorneys representing the Federal Government are expected ask that the injunction be lifted until a final decision on the whole case can be made.
What does this mean? It means, that if the Government’s second request on appeal is granted, the Government can once again accept applications under the Expanded DACA and continue with its roll out of DAPA. Unfortunately, even though the Court of Appeals will try and rush to review the case, the actual roll out date of Expanded DACA and DAPA could still take weeks or even months if approved.
If the second request to the Court of Appeals is not granted, a decision from the US Supreme Court or the trial by the Federal Court in Texas could take months or even years. A decision from the US Supreme Court might now come until after a new President is elected in 2016. President Obama and his administration will likely no longer be in office and the fate of the Executive Action will then be in the hands of the new President and his/her administration. Whether or not the new President will continue to implement and fight for the Executive Actions that President Obama announced will be his/her decision.
WARNING- Many notaries, accountants, tax preparers and other non-lawyers are trying to convince immigrants to pay fees for Expanded DACA and DACA legal services. Only a licensed lawyer experienced in immigration law can lawfully provide legal services. Don’t be fooled by non-lawyers. And don’t pay for legal services that a non-lawyer cannot deliver.
For additional information regarding DAPA and Expanded DACA program please visit United States Citizenship and Immigration Services website’s informational page at http://www.uscis.gov/immigrationaction or http://www.uscis.gov/es/accionmigratoria (spanish).
Will Reform Come Later?
There are many opinions as to whether or not the Federal Court in Texas will ultimately determine that President Obama’s actions were unconstitutional or whether the new President will revoke the executive actions. It is not likely that the Federal Court in Texas will reverse itself and later find that President Obama’s actions were lawful. The only realistic chance for Expanded DACA and DAPA to be approved rests with the Fifth Circuit Court of Appeals or the US Supreme Court. For the thousands of illegal immigrants hoping to receive deferred action under the President’s Executive Order, only time will tell. For now we must wait and pray.
Original DACA Remains Available
Fortunately, the recent court decision does not affect the original DACA program. Anyone meeting the requirements for the original DACA program is still able to apply. If, however, you have not been in the U.S. since June 15, 2007 and you were not under 31 as of June 15, 2012, you are not eligible to apply at this time.
Your Case, Our Priority
If you or someone you know has recently come to the United States and needs advice about an immigration case, please contact GRIFFITH LAW GROUP for a free consultation. Our phone number is (317) 236-0486, or visit us at 5150 Pike Plaza Rd., Indianapolis, IN 46224 or at www.indyimmigrationlaw.com.
Stay tuned next month when we discuss what other forms of immigration relief might be available to you or loved ones.