Judge Andrew S. Hanen of the federal district court in Brownsville, Texas, issued an injunction preventing the new expanded Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) programs from moving forward. Thousands of “DREAMers” planned for the start of the expanded DACA program to begin February 18, 2015. Additionally, millions of parents of US citizen and legal permanent resident children prepared to apply for the DAPA program, set to begin May of this year. The programs are now on what most hope to be only a temporary delay.
What do we know at this point?
Jeh Johnson, Secretary of the Department of Homeland Security who oversees the DACA and DAPA programs, released a statement on February 17, 2015, regarding the district court’s ruling. In part, he stated:
“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.”
The White House’s Press Secretary also released a statement of February 17, 2015, regarding Judge Hanen’s ruling. He stated, in part, that “[t]he district court’s decision wrongly prevents these lawful, commonsense policies from taking effect and the Department of Justice has indicated that it will appeal that decision.”
How will this affect potential applicants?
For now, both the expanded DACA and DAPA programs are on hold while the the Department of Justice appeals the Court’s decision. However, the Court’s ruling does not affect the existing DACA program, and current DREAMers’ situation has not been affected.
What to look out for
If you are intending to file for either expanded DACA, or for DAPA, see an immigration professional you can trust to be up to date on the latest changes. Now more than ever is the time when immigration practitioners, many who claim to be attorneys, or who claim to “work with attorneys” will take advantage of those who have been waiting to sign up for the expanded DACA program. Stay informed with official statements from the government and attorneys that you can trust. For the time being, be careful of those who claim that the Court’s ruling does not mean that you cannot still apply for the DACA and DAPA programs.
At Wilner & O’Reilly, we specialize in the practice of immigration law. We have board certified specialists, former immigration officers, and experienced licensed attorneys to help you achieve your immigration goals. We take pride in maintaining the trust and confidence of our clients. We have offices located in Orange, Riverside, Sacramento, San Francisco and Salt Lake City. Schedule your free consultation today.
