DAPA AND EXPANDED DACA DEFERRED ACTION PROGRAMS AT A STAND-STILL

I have been taking a great many calls from clients and prospective clients, who are confused, or wish to understand whether the President's recent further deferred action programs, DAPA and Expanded DACA, will be implemented any time in the near future.  The answer unfortunately appears to be a resounding "no."

On May 27, 2015, CNN reported that the 5th Circuit Court of Appeals has upheld a Texas District Court's injunction against President Obama's deferred action programs (notably, DAPA and Expanded DACA) (http://www.cnn.com/2015/05/26/politics/obama-immigration-texas-federal-appeals-court/).  DAPA promises employment authorization and travel documents to the parents of US Citizens and Lawful Permanent Residents where certain qualifying criteria are met and Expanded DACA, broadens the Deferred Action for Childhood Arrivals program, which is already in effect, to permit a larger pool of youthful undocumented or overstayed aliens to qualify under that program.  A New York Times report of the same date (http://www.nytimes.com/2015/05/28/us/obama-immigration-executive-action-supreme-court.html?_r=0), further expressed that that the President's administration will not be appealing this latest court ruling to the U.S. Supreme Court and will simply allow the litigation process to play itself out naturally.  It should be understood however, that success in maintaining an injunction is not the same as winning the case on its merits.  The Constitutional validity of these executive actions remains a subject of litigation, which may take years to resolve.

The public at large however, is not aware of other executive policies which are quietly in effect and continuing unchallenged with regard to the treatment of aliens in "Removal Proceedings."  Such proceedings, with the proper vetting of the alien and his or her history and criminal background may indirectly result in issuance of Employment Authorization Documents (EADs) for the aliens and Administrative Closure of Removal Proceedings with an understanding from the Government that they are not interested in pursuing the alien for removal.  Since 2011, we have brought a great many aliens out of the shadows and into a fuller participation in this society using these techniques. It is work that demands some considerable care and forethought, but can at the same time be tremendously satisfying for the client and his counsel.  Of course, we continue to represent aliens before the USCIS and in Court in applications which actually lead to asylee, and Lawful Permanent Resident status (pathways to US Citizenship), and I will be reporting on some of our successes from the early part of this year in a later post.

We are interested in removing the fear of removal from our clients' lives, if possible, and believe that the first step in casting such fear aside is a confidential consultation with an immigration attorney.  It should also be noted that Immigration Litigation lawyers (lawyers who practice in the Immigration Courts and appellate tribunals) may have a range of tools and remedies not so readily apparent to transactional immigration attorneys (those who handle primarily employment related, visa processing and investment cases).