New DACA Temporarily Stalled By Federal Judge in Brownsville Texas
On February 16, 2015, a federal judge hearing a lawsuit brought by 26 states against the federal government, issued a preliminary injunction preventing the Department of Homeland Security from rolling out its new Deferred Action for Childhood Arrivals (“DACA”) program. The lawsuit alleges that the President, in adopting DACA and Deferred Action For Parents of American Citizens and Lawful Permanent Residents (“DAPA”) violated the Constitution and the Administrative Procedure Act. The federal government has since appealed the judge’s injunction order. While that appeal is pending, here are two things you need to know:
- Until further notice, USCIS is not currently accepting applications for the new DACA program. Although USCIS had initially announced that it would start receiving applications on February 18, 2015, the agency has now indicated that it will not do so in light of the injunction. However, many legal experts believe that the underlying lawsuit brought by the states is without merit, that the injunction will be reversed on appeal, and that the government will ultimately move forward with both DACA and DAPA. (See for example: http://www.latimes.com/opinion/op-ed/la-oe-chemerinsky-obama-immigration-injunction-2-20150219-story.html). Therefore, if you are hoping to apply for either DACA or DAPA, it is still a good idea to begin gathering supporting documents and saving your money for the filing fee, to ensure that you’ll be ready, once the lawsuit is resolved.
- Individuals granted relief under the first DACA program (which went into effect in June of 2012) may continue to renew their DACA applications. Furthermore, individuals who satisfy the requirements under this first DACA program can still file initial applications. The injunction and lawsuit have no effect on the June 2012 DACA program.
If you or loved one have any questions as to whether you qualify under either program, you should contact a licensed attorney. Do not take advice from a notary public (“notario”) or immigration consultant.
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