Tag Archives: immigration

President’s Executive Action on DACA+ and DAPA BLOCKED

On November 20, 2014, through Executive Action, President Barack Obama announced that the Department of Homeland Security (DHS) would not deport certain parents of U. S. citizens or lawful permanent residents (DAPA).  In addition, he expanded the Deferred Action for Childhood Arrivals (DACA) program (DACA+).  However, on June 23, 2016, the Supreme Court issued a split decision, and as a result, DHS continues to be blocked from implementing DAPA and expanded DACA (DACA+).  Individuals otherwise eligible for DAPA or DACA+ cannot apply at this time.

Please note that the “block” does not affect the existing 2012 DACA applicants, and the U.S. Citizenship and Immigration Services (USCIS) continues to accept applications (initial and renewal) from those who qualify under the DACA criteria announced in June 2012. As to the future of DAPA and DACA+, the two most likely scenarios involve a request for rehearing by the Supreme Court or allowing the case to go back to the district court for a decision.  In both scenarios, a decision is not anticipated until 2018.
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President Obama’s Announcement of Executive Actions on November 20, 2014

On November 20, 2014, President Obama announced a series of executive actions.  These initiatives include:

  • Expanding the population eligible for the Deferred Action for Childhood Arrivals (DACA) program to young people who came to this country before turning 16 years old and have been present since January 1, 2010, and extending the period of DACA and work authorization from two years to three years
  • Allowing parents of U.S. citizens and lawful permanent residents who have been present in the country since January 1, 2010, to request deferred action and employment authorization for three years, in a new Deferred Action for Parents of Americans and Lawful Permanent Residents* program, provided they pass required background checks
  • Expanding the use of provisional waivers of unlawful presence to include the spouses and sons and daughters of lawful permanent residents and the sons and daughters of U.S. citizens
  • Modernizing, improving and clarifying immigrant and nonimmigrant programs to grow our economy and create jobs
  • Promoting citizenship education and public awareness for lawful permanent residents and providing an option for naturalization applicants to use credit cards to pay the application fee

It is important to note that none of these initiatives have been implemented at this time, and it will likely be a few months before the first of them are implemented.  You should be wary of any individual who promises immediate action.

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DHS Announces Relief for “Dreamers” via Policy Change

Deferred Action Announced for “Dreamers”

On June 15, 2012, the Department of Homeland Security Secretary Janet Napolitano announced in a memo that deferred action will be implemented for certain undocumented youth.

According to the Napolitano memo, the Department of Homeland Security (DHS) will begin to exercise prosecutorial discretion for certain undocumented youth. This means that DHS will not seek the removal or deportation of those youth it deems eligible. Additionally, work authorization will be made available. This policy extends to eligible individuals whether they are in removal proceedings or if they have never been placed in removal proceedings. Only those who meet the eligibility criteria may benefit from this announcement.

The general criteria for consideration of prosecutorial discretion or deferred action on this ground are as follows:

• Came to the United States under the age of sixteen;
• Has continuously resided in the United States for at least five years preceding the date of this memorandum [June 15, 2012];
• Is currently in school, has graduated from high school, has obtained a general education development certificate, or is an honorably discharged veteran of the Coast Guard or Armed Forces of the United States;
• Has not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise poses a threat a threat to national security or public safety; and
• Is not above the age of thirty.

If you or someone you know appears to meet these criteria, please contact our office for additional information. We may be able to assist you and are happy to meet with you.

Please note that this is not a law, it is not “The Dream Act,” and it does not create any new rights. Rather, it is an announcement for a policy that is yet to be put in place. It is anticipated that the procedures and further clarification of eligibility should be implemented within approximately sixty days, according to the memo released June 15, 2012.

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