LAST week, a Texas federal district court Judge Andrew S. Hanen caused much uproar in the world of immigration by issuing an injunction halting the implementation of President Obama’s executive initiatives on prosecutorial discretion. The two notable initiatives affected by the injunction were the expanded Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA). On February 23, 2015, the Obama administration filed an appeal of Judge Hanen’s ruling with the Court of Appeals for the Fifth Circuit. At the same time, the Obama administration asked for a stay of the injunction directly with Judge Hanen, citing irreparable harm and humanitarian concerns.
So for the time being, the Obama executive actions are on hold. However, many legal experts are optimistic that the government’s appeal will prevail. In the past, lawsuits filed to block similar executive initiatives have not been successful. As such, the expectation is that DACA and DAPA will survive as well and will eventually be implemented, thus giving temporary relief to some 4.7 million people, currently living in the United States illegally.
In the meantime, individuals who are likely eligible for the expanded DACA and DAPA should continue gathering the requisite supporting documents and seek legal advice to ensure the ultimate success in receiving the deferred action. Moreover, there may be other legal options available to those who have desired for years to legalize their status and bring their relatives from abroad. For example, last year, the Department of State and US Citizenship and Immigration Services announced a new in-country refugee and parole process known as the Central American Minors (CAM) Program. The CAM program is a family reunification effort, designed to provide a legal and safe way for qualified minors from Honduras, Guatemala, and El Salvador to come to the United States on a temporary basis and be with their parents. Under CAM, certain parents who are lawfully present in the United States can ask the US Refugee Admissions Program to facilitate the arrival of their minor children who are still residing in Honduras, Guatemala, or El Salvador. The program began on December 1, 2014.
Despite the hopefully momentary delay in implementation of the Obama executive actions, now is the time for individuals seeking immigration reprieve to consult knowledgeable and experienced immigration attorneys. Such attorneys can not only provide the necessary and latest information, but they can also correct misconceptions and help avoid mistakes and problems.
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. Please do not hesitate to schedule your free consultation today at one of our offices located in Orange, Riverside, Sacramento, San Francisco, and Salt Lake City.
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Kelly O’Reilly is a nationally known immigration expert and former immigration officer. He is a highly sought after speaker on immigration and employment compliance issues. Mr. O’Reilly serves as the current chair of the Riverside County Bar Association Immigration section and is a partner in the full-service immigration firm of Wilner & O’Reilly where he provides free consultations. Mr. O’Reilly can be contacted at (562)207-6789 or he welcomes email inquiries at [email protected].
