On November 20, 2014, President Obama announced a series of executive actions aimed at helping the millions of undocumented people living in the United States. The initiatives included:
(1) Deferred Action for Parents of Americans (DAPA): this would allow the parents of US Citizens and Lawful Permanent Residents (green card holders) to obtain employment authorization for three years. In order to obtain such authorization, they would have to prove that they have lived in the US since January 1, 2010 and pass required background checks.
(2) Expansion of Deferred Action for Childhood Arrivals (DACA): this would allow those who arrived in the US before turning 16, graduated from high school here in the US (or obtained a GED or are currently enrolled in high school or a GED program), have lived continuously in the US since January 1, 2010 and passed required background checks, to obtain work authorization for three years. This would greatly expand the current DACA program because it has no age limit (currently, you have to been born after June 15, 1981) and would require proof of your presence in the US from 2010 until the present whereas currently, you have to show presence in the US from 2007 to the present).
(3) Expansion of the use of unlawful presence waivers to include the spouses and children of US Citizens and Lawful Permanent Residents. This would apply to people who need to consular process and who have to file a waiver for how long they have been in the US without permission. Currently, only spouses and minor children of US Citizens and LPRs can file a waiver. This would extend that eligibility to adult children.
The initiative also included cracking down on illegal immigration at the border and prioritizing the deportation of felons.
Unfortunately, the implementation of the executive actions was halted by a court case filed by 26 states against the administration, arguing that the President overstepped his executive authority. The District Court Judge on the case ordered an injunction blocking the programs from taking effect while the court considers the lawsuit. The Department of Justice then filed an emergency request to allow the programs to proceed, however, that request was denied and the programs remain "in limbo."
At this point, everything is on hold until the court case is decided. There are a myriad of opinions out there about how long this will take and whether or not the programs will ever take effect. The only guarantee at this point is that there is nothing new to report. I have spoken to so many people who are very confused about what is going on -- and rightfully so. My only advice at this point is to stay informed. People have been taken advantage of by people who supposedly know about "new" immigration programs. As I have said in previous blogs -- ASK questions. Make sure that the person/people you are getting advice from are immigration attorneys or accredited representatives.
As always, immigration law is difficult to navigate and every case is unique. This blog is meant to provide general information, and cannot address every avenue of relief that may be available to you. Additionally, immigration law is always changing and that can change options available to you. You should always consult with an immigration lawyer before filing for anything.
