Implementation of the new DACA and DAPA programs has been temporarily suspended. Last week, on February 17, a federal court judge decided the President’s programs were illegal.
However, the President’s DACA and DAPA programs are not illegal. Nearly every President for the past 40 years, Republican and Democrat, has used executive action for immigration matters.
The Justice Department is filing an appeal with a federal appeals court in New Orleans this week. The Department of Homeland Security is still planning to implement both programs as soon as the court process allows.
The existing DACA process and renewals of DACA are not affected by the recent court action. Murphy Law Firm will post updates when changes occur.
The expanded Deferred Action for Childhood Arrivals (DACA) begins on February 18, 2015. On that day, U.S. Citizenship and Immigration Services (USCIS) will begin accepting applications under the expanded guidelines announced by the President in November of 2014. The DACA program grants a period of deferred action for eligible individuals who entered the U.S. before the age of 16. With deferred action, the government agrees to issue an Employment Authorization card and not deport an individual.
Eligibility under the new DACA program includes the following changes:
- There is no age limitation, the applicant no longer has to have been born before Jun 15, 1981;
- Applicants must prove continuous presence in the U.S. since January 1, 2010 (the prior continuous presence date was June 15, 2007).
- Approved applicants will receive deferred action and work authorization for three years instead of two.
All other DACA guidelines remain the same. To find out if you qualify under the new program, please schedule a consultation.
See the full requirements for Deferred Action for Childhood Arrivals.
THE PRESIDENT IS SET TO ANNOUNCE HIS PLANS FOR EXECUTIVE ACTION ON IMMIGRATION TOMORROW AT 8:00 pm.
President Obama will announce his plans on national TV during a prime time event Thursday evening. Full details will be announced by the President at a rally in Las Vegas on Friday.
We will post full details as soon as we have them.
June 24, 2013
A bipartisan ammendment to the proposed Senate Immigration Reform Bill designed to strengthen border security passed in the Senate today by a vote of 67-to-27. The vote was considered a test for overall support of the Immigration Bill. The border security amendment includes addition of 20,000 more border agents, completion of 700 miles of fence along the U.S./Mexico border, and $3.2 billion in funding for other technology measures to enforce the border.
Inclusion of these security measures in the bill gains support from more members of the Senate making passage of the Senate Immigration Reform Bill more likely.
Senate leaders plan a final vote on the reform bill before Congress recesses at the end of this week for the Fourth of July holiday.
If enacted, the Immigration Reform Bill may create a path to permanent residency and citizenship for approximatley 11 million undocumented immigrants. A permanent pathway to citizenship and border security are the critical issues as the bill advances to the House of Representatives in whether the bill will become law.