Judge
Andrew Hanen, a federal judge in the Southern District of Texas, issued a
preliminary injunction which delays implementation of Department
of Homeland Security’s (DHS) Deferred Action for Parents of Citizens and Lawful
Permanent Residents (DAPA) and the expansion of the Deferred Action for
Childhood Arrivals (DACA).
Applicants who qualify
under the 2012 version of DACA can continue to apply and renew for grants of
DACA.
The preliminary
injunction does not mean that Judge
Hanen has decided that the programs are illegal or unconstitutional. It merely means that he is ordering that DHS
not begin the program while he considers the case. Given this ruling and given previous statements
by Judge Hanen regarding prosecutorial discretion in immigration cases, it does
seem likely that Judge Hanen could rule against the programs. It is important to know, however, that the
federal government will almost certainly appeal the ruling on the injunction
and any ruling striking down the programs to a higher court.
While there are of
course no guarantees in any court of law, the arguments and precedent for the
DACA and DAPA as legitimate exercises of prosecutorial discretion are strong
and we therefore expect that the programs will be upheld as lawful in the
end. We would therefore recommend that
potential applicants continue preparing to apply by gathering documents
demonstrating their presence in the country since before January 1, 2010, and
consulting with a qualified immigration attorney.
To set up a consultation
regarding a potential application for DACA or DAPA, please call us at
(303)-297-9171.
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