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UPDATE: President Obama's Executive Order on Immigration

Executive Action Update:

A judge issued a decision on Feb. 16, 2015 that impacts the timeline of DAPA (Deferred Action for Parents of Americans and Lawful Permanent Residents) and DACA+ (expanded Deferred Action for Childhood Arrivals) initiatives. The judge's decision is temporary and is being challenged by the Department of Justice in a higher court. 

The National Immigration Law Center, NILC, released a thorough update on the status of President Obama's executive order, stating that on Wednesday, May 26, 2015 the Fifth Circuit Court of Appeals denied the federal government’s emergency request to “stay” the Texas court’s decision and thus allow the initiatives to proceed. This means that the DAPA and expanded DACA programs are still not available. Click here to read the NILC’s full report. 

 

 

It is still important to continue gathering documentation and preparing to apply for DAPA and DACA so you can be ready to go as soon as immigration authorities are ready to accept applications.

"If you've been in America for more than five years; if you have children who are American citizens or legal residents; if you register, pass a criminal background check, and you're willing to pay your fair share of taxes -- you'll be able to apply to stay in this country temporarily, without fear of deportation. You can come out of the shadows and get right with the law," President Obama announced.

In a narrow ruling that did not address the constitutionality of these initiatives, the district court temporarily blocked the implementation of the DAPA and the expanded DACA initiative by issuing an injunction. The court based the decision on an argument that the federal government did not comply with rulemaking procedures under federal law, according to the National Immigration Law Center. This decision temporarily halts implementation of the DAPA and expanded DACA initiatives, which means these initiatives will not go into effect unless this decision is overturned by a higher court, or by the district court itself.
 
On March 24th the Fifth Circuit Court of appeals issued an order setting out key dates both for the Department of Justice's request to overturn the injunction pending a full appeal and with respect to the briefing schedule for the full appeal, according to the Law Center. This sort of emergency request could be decided potentially in a matter of days or weeks, but until a further ruling from the district court, appellate court, or the U.S. Supreme Court, the new initiatives will temporarily be blocked. 


It is important to note that the original 2012 DACA program is not affected by the decision, nor are the federal government's new "enforcement priorities," which were announced on November 20, 2014. Also, people may still request deferred action under longstanding procedures that require the person to send a deferred action request to his or her local U.S. Citizenship and Immigration Services office, according to the NILC.  
 
African Services Committee's legal team is gearing up to help clients apply for the announced deferred action program if and when the reforms are no longer blocked. It is very important for immigrants to protect themselves from immigration fraud during this time.  

Click here to view and download the checklist. 

African Services' passionate and dedicated attorneys provide low-cost or free legal services, for those who qualify, to families and individuals in need of immigration assistance. All are welcome regardless of race, country of origin, gender, sexual orientation or religious affiliation. All services are confidential. 

For a consultation with an African Services immigration attorney, call 212.222.3882 or email This email address is being protected from spambots. You need JavaScript enabled to view it. .

 

 

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