Back in November 2014, President Obama issued the memorandum “Modernizing and Streamlining the U.S. Immigrant Visa System for the 21st Century.” The memo came with the announcement of the Immigration Accountability Executive Action, which included the expansion of the Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parental Accountability (DAPA).
Obama recognized immigrants are more than twice as likely than U.S.-born Americans to start a business in the country. He added that, despite such contributions, the immigration system, “has not kept pace with the changing times.” Immigrations lawyers are taking a harder look at what has changed since the Executive Action.
Since November of last year, have President Obama’s policies worked? In the latest Obama immigration news, The Texas U.S. Fifth Circuit Court of Appeals denied the Obama administration’s request to lift the temporary injunction placed on Obama’s new DAPA and expanded DACA programs.
This suit was filed in federal district court in Brownsville, Texas shortly after the unrolling of the Immigration Accountability Executive Action by 26 states, including Texas and Tennessee. The lawsuits challenging DAPA and the expansion of DACA are merely attempts to use the courts to challenge President Obama’s authority to defer deportations, even though widespread agreement exists that his actions are well within his authority. This raises many immigration questions fielded to immigration lawyers across the nation.
What does this mean for undocumented immigrants?
As the court battle on this matter continues, the status of millions of immigrants hangs in the balance. Though the litigation does not affect those who already have DACA, those who would likely be able to apply though DACA’s expansion, in addition to those that could apply for DAPA, will have to await this case’s resolution.
The DACA allows United States residents, who came to the country as children, do not present a risk to national security or public safety, and meet several key criteria, to qualify for “deferred action” for a period of up to two years. This means if you are facing deportation due to your undocumented status, you might be able to stop removal proceedings. DACA does not provide legal status but helps you remain in the country legally.
At this time, you cannot apply for DACA. However, if you currently have DACA, the court case does not affect you. Unfortunately, DAPA, which offers similar protections for parents of citizens and legal permanent residents, is not yet in effect while the court case proceeds. Until then, illegal residents should stay on top of the latest Obama immigration news.
Despite the roadblocks put in place by the injunction, all hope is not lost for undocumented immigrants in United States. You may still qualify for legal status under another immigration statute or policy. Immigration lawyers can assist you with all your legal needs, including immigration visa help.
If you need immigration visa help, assistance with applying for a Green Card, or other immigration questions answered, speak with an attorney at the law firm of Garces, Grabler & LeBrocq.