The Federal Court’s injunction against Obama’s expanded DACA and DAPA

AS you may be aware, Judge Andrew Hanen, a federal judge in Texas, issued a preliminary injunction blocking the implementation of the planned expanded Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parental Accountability (DACA) last month. The USCIS was supposed to accept applications last February 18, 2015 for the expanded DACA and late May 2015 for the DAPA.

By reason of the injunction, Jeh Johnson, secretary of Homeland Security, announced last February 17, 2015 that the implementation of these executive actions would be delayed while the administration appeals the ruling. The Secretary declared: “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.”

However, it is also equally important to point out what was not affected by the issued federal injunction:

• The federal court’s order does not affect the existing DACA. Thus, individuals qualified pursuant to the guidelines established in 2012 can apply and request for initial grant of the DACA or renewal of the same.

• The planned implementation last this year of the expanded provisional waivers of unlawful presence to include the spouses and sons and daughters of lawful permanent residents and the sons and daughters of US citizens is also not affected. The expanded provisional waiver is part of the executive actions announced by President Obama last November 20, 2014.

• The Department of Homeland Security’s ability to set and implement enforcement priorities remains. Thus, its November 20, 2014 Memorandum on entitled “Policies for the Apprehension, Detention and Removal of Undocumented Immigrants” remains in full force and effect.

In the meantime, the Obama Administration filed an expedited emergency motion to stay (prevent execution) of the injunction issued by Judge Hanen. The motion warned that if Judge Hanen does not issue a ruling by February 25, 2015, they will seek relief from the Court of Appeals. To date, Judge Hanen has not issued a ruling nor has the Obama Administration filed an appeal. Many legal scholars, immigration experts and groups are optimistic that the legality of the expanded DACA and DAPA will be upheld soon.

For potential expanded DACA and DAPA applicants, it is recommended that they continue collecting and organizing documents to prove their identity, relationship and physical presence in the US and seek out and maintain contact or relationship with their trusted immigration counsel while waiting for the positive resolution of this legal case.

If you are contemplating of filing any immigration petition or application, it is advisable to seek the counsel of an immigration lawyer to guide you on the intricacies of filing for such a petition.

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Atty. Gwendolyn Malaya-Santos is a member of the State Bar of California and the Integrated Bar of the Philippines. To schedule for a free initial in-person consultation, please call Tel. Nos. (213) 284-5984 or (626) 329-8215. Atty. Santos’ office is located at 3450 Wilshire Blvd., Suite 1200-105, Los Angeles, CA 90010. 

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Information contained in this article does not, nor is it intended to, constitutes legal advice for any specific situation and does not create a lawyer-client relationship. It likewise does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. 

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