After rumors that President would not seek an
emergency order staying a judge’s ruling halting the DAPA (Deferred Action for
Parental Accountability) and expanded DACA (Deferred Action for Childhood
Arrivals) programs, the White House announced today that lawyers at the Justice
Department would in fact seek an emergency order to let the latest deferred
action programs proceed.
On Monday, Judge Andrew Hanen of the Federal
District Court in Brownsville, Texas issued an injunction halting the DAPA and
expanded DACA programs just one day before the government was scheduled to
begin accepting applications for expanded DACA. In response White House
officials announced that the Justice Department would make an official motion
to seek an emergency stay of this injunction by then end of the day Monday,
February 23rd. If the Court of Appeals grants the motion for an
emergency stay, the government could immediately begin accepting applications
for expanded DACA and could also continue working to implement DAPA – originally
set to begin in May of this year. In addition to the appeal seeking a stay of
the current injunction, the Obama Administration will file an appeal on the
substance of Judge Hanan’s ruling.
The decision of the administration to immediately
seek an order to allow the new deferred action programs to proceed demonstrates
its confidence in the legality of President Obama’s executive action on
immigration. Indeed, the recent deferred action programs are consistent both
with the 2012 DACA program and also with action taken by past presidents over
the last many decades. Legal experts across the board indicate confidence that
the Justice Department will ultimately prevail in this litigation, resulting in
the successful implementation of the expanded DACA and DAPA programs.
Given this, we recommend that those eligible for the
new programs continue to prepare to apply. If you have any questions about
these recent developments, or regarding your eligibility for DACA or DAPA,
please contact the Joseph Law Firm at (303) 297-9171. One of our expert
attorneys would be happy to assist you and to guide you in the right direction.
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