UPDATE: This morning, a Federal district court in Texas issued a temporary injunction preventing USCIS from implementing the expanded DACA program and the upcoming DAPA program. The Obama administration will appeal that decision and we expect the injunction to be lifted, but meanwhile USCIS will not accept applications under the expanded DACA program this week as originally planned. We will monitor these ongoing developments and post more information as it becomes available.
Please note that today's district court decision does not affect renewal applications for the initial DACA program launched in 2012, or any of the other potential executive actions the President announced on November 20, 2014.
Our original post concerning eligibility for the expanded DACA program is below.
As Congress continues to delay movement on comprehensive immigration reform (CIR), President Obama continues to expand the use of executive action to create administrative programs to fix various areas of the U.S. immigration system.
USCIS is set to expand one such program, known as Deferred Action for Childhood Arrivals (DACA). Originally launched in 2012, DACA provided temporary, discretionary relief from deportation for people who were brought to the U.S. illegally as children.
This week, USCIS will begin accepting applications for an expanded DACA program intended to provide relief for those who were not eligible under the initial program. To be eligible for DACA protection, a person must demonstrate that they:
Deferred action does not provide any derivative benefits for relatives of those granted deferred action. Any applicant must independently meet the eligibility criteria.
Deferred action is available even if a person is currently in immigration court proceedings or is subject to a final order of removal from the U.S. People granted deferred action may obtain employment authorization (EAD) cards.
It is important to note that deferred action is discretionary relief and may be renewed or terminated by at any time. Receiving deferred action does not grant a person any legal status in the U.S., nor does it waive or eliminate the consequences of any previous or future immigration violations. It simply means that the government will not make any effort to deport the person from the U.S. during the deferral period.
If you or someone you know might be eligible for protection under DACA, please contact us.
News and Updates
Immigration law news and updates from the attorneys at Steel & Glassman