Posts tagged #DAPA

DHS will NOT begin accepting expanded DACA applications tomorrow as expected

A federal district court in Texas granted a preliminary injunction temporarily blocking the implementation of DAPA and the expansion of DACA in a lawsuit brought by 26 states. (State of Texas, et al v. U.S.A, 2/16/15).  Following the injunction imposed by the federal district judge, DHS released the following statement:

"Release Date: February 17, 2015 Review Date: February 17, 2015 Statement by Secretary Jeh C. Johnson Concerning the District Court's Ruling Concerning DAPA and DACA For Immediate Release DHS Press Office Contact: 202-282-8010

I strongly disagree with Judge Hanen’s decision to temporarily enjoin implementation of Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) and expanded Deferred Action for Childhood Arrivals (DACA). The Department of Justice will appeal that temporary injunction; in the meantime, we recognize we must comply with it. Accordingly, the Department of Homeland Security will not begin accepting requests for the expansion of DACA tomorrow, February 18, as originally planned. Until further notice, we will also suspend the plan to accept requests for DAPA. The Department of Justice, legal scholars, immigration experts and even other courts have said that our actions are well within our legal authority. Our actions will also benefit the economy and promote law enforcement. We fully expect to ultimately prevail in the courts, and we will be prepared to implement DAPA and expanded DACA once we do. It is important to emphasize what the District Court’s order does not affect. The Court’s order does not affect the existing DACA. Individuals may continue to come forward and request initial grant of DACA or renewal of DACA pursuant to the guidelines established in 2012. Nor does the Court’s order affect this Department’s ability to set and implement enforcement priorities. The priorities established in my November 20, 2014 memorandum entitled “Policies for the Apprehension, Detention and Removal of Undocumented Immigrants” remain in full force and effect. Pursuant to those enforcement priorities, we continue to prioritize public safety, national security, and border security. I am pleased that an increasing percentage of removals each year are of those convicted of crimes. I am also pleased that, due in large part to our investments in and prioritization of border security, apprehensions at the southern border – a large indicator of total attempts to cross the border illegally -- are now at the lowest levels in years."

 

 

 

Posted on February 17, 2015 .
Posted by Erin Elliott

Expansion of DACA and the new DAPA

EXECUTIVE ACTIONS ON IMMIGRATION UPDATES (DACA and DAPA)

We have been keeping a close watch on updates to the executive actions on immigration announced by President Obama on November 20, 2014.  Changes regarding DACA are expected to be announced in detail in the next couple of months (February, 2015) and the new DAPA (Deferred Action for Parental Accountability) in May, 2015.

 Please see a summary of the changes and expected effective dates below:

  • EXPANDING DACA (DEFERRED ACTION FOR CHILDHOOD ARRIVALS)

o   Removes the upper age restriction for DACA applicants and current DACA recipients seeking renewal;

o   Requires continuous residence in the United States since January 1, 2010, rather than the prior requirement of June 15, 2007; and

o   Extends the deferred action period and employment authorization to 3 years.

USCIS will initiate these new changes approximately 90 days after November 20, 2014 (February, 2015).

  • ESTABLISHING DAPA (DEFERRED ACTION FOR PARENTAL ACCOUNTABILITY)

o   Applies to undocumented parents of U.S. citizens or lawful permanent resident children born on or before November 20, 2014 and parents must have continuous residence in the United States since January 1, 2010; and

o   Parent must not be an enforcement priority (include but not limited to national security and public safety threats) for removal from the United States.

USCIS will consider each DAPA application on a case-by-case basis and will begin accept request approximately 180 days after November 20, 2014 (May, 2015).

If you believe that you may be eligible for the anticipated expanded DACA or the new DAPA, you may begin gathering documentation that establishes factors such as:

  • Identity;
  • Relationship to a U.S. citizen/lawful permanent resident (if applicable); and
  • Continuous residence in the United States over the last 5 years or more (if applicable).

Please call us at (404) 890-0372 to discuss your eligibility for immigration benefits and documentation in more detail.

Posted on December 17, 2014 and filed under Family-Based Immigration.
Posted by Erin Elliott