Contributed by Amber L. Blasingame, Associate Attorney, Colorado Springs
The US Citizenship and
Immigration Services, as of this afternoon, announced that the agency will not
accept applications for the Expanded Deferred Action for Childhood Arrivals
(Expanded DACA) on February 18, 2015, as originally announced. The agency has
also suspended plans to implement and accept requests for the Deferred Action
for Parental Accountability (DAPA). Applicants who qualified for DACA pursuant
to the June 15, 2012, memorandum, either initial or extension, may still file
applications per the current filing instructions. http://www.uscis.gov/i-821d.
According to the Secretary of
Homeland Security, Jeh C. Johnson, the Department of Justice plans to appeal
the temporary injunction. Secretary Johnson “strongly disagree[s] with Judge
Hanen’s decision to temporarily enjoin implementation of [DAPA] and [expanded
DACA].” However, the Secretary recognizes that the agency “must comply with
it.” The Department of Justice and “legal scholars, immigration experts and
even other courts” have agreed that the agency’s actions pursuant to President
Obama’s announcement on November 20, 2014, “are well within [the Department’s]
legal authority.” Judge Hanen’s decision to grant the injunction in the matter
of the State of Texas v. United States,
pending in front of the US District Court of Southern District of Texas, is not
a final decision on the legality of Obama’s Executive Action, However, the
injunction does delay the implementation of any of the Department’s affirmative
actions pursuant to the November 20, 2014, announcement. The delays do not
affect any existing programs or the enforcement priorities outlined in the
“Policies for the Apprehension, Detention and Removal of Undocumented
Immigrants” memorandum published pursuant to the November 20, 2014,
announcement.
Potential beneficiaries of the
Executive Action, whether expanded DACA, DAPA, expanded Provisional Waivers, or
any other action outlined in the President’s announcement, should watch for
government updates from reliable sources on the matter. We would also
recommend, before submitting any applications or paying fees, consulting with a
licensed attorney who specializes in immigration law or a representative
authorized by the Departments of Homeland Security or Justice to provide legal
advice on the matter of Executive Action.
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