In November of 2014, President Obama announced immigration executive actions including the creation of the Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) and the expansion of Deferred Action for Childhood Arrivals program (DACA+). Days before the DACA+ program was scheduled to be implemented, a federal court in the state of Texas issued a preliminary injunction that prevented the programs from launching. The case was initiated by Texas and twenty-five other states that challenged the expanded deferred action programs which sought to keep families together and to provide deportation relief to five million undocumented immigrants.
In June of 2016, the case resulted in a 4-4 deadlock between Supreme Court justices who had agreed to hear the case in January. That deadlock left in place the lower court’s order blocking the deferral programs. More recently, in October, the United States Supreme Court denied a request to rehear the case of United States v. Texas, No. 15-674.
DACA Guidelines
Although the DACA+ program remains on hold, the original DACA program, announced in 2012 by the Secretary of Homeland Security, remains in place. The program provides temporary relief from deportation and 2-year work permits to individuals who arrived in the United States illegally as children. The U.S. Citizens and Immigration Services sets forth the guidelines necessary to apply for such a deferral including:
“Were under the age of 31 as of June 15, 2012;
Came to the United States before reaching your 16th birthday;
Have continuously resided in the United States since June 15, 2007, up to the present time;
Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
Had no lawful status on June 15, 2012;
Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
Have not been convicted of a felony, significant misdemeanor three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.”
These guidelines can be confusing so it is important to meet with a New Jersey immigration attorney to confirm if you or a loved one are eligible for a deferral under the current DACA program. Your attorney can also work with you to complete the necessary Form I-821D Consideration of Deferred Action for Childhood Arrivals and to gather of all of the documentation that you will need to submit with your application.
Let a New Jersey Immigration Attorney at HCK, P.A. Help You Today
Deferral action programs for undocumented immigrants will likely face additional litigation during the Trump Presidency and even beyond. In the meantime, an immigration attorney at Helmer, Conley & Kasselman, P.A. can review your family’s situation and determine the types of immigration relief may be available under the current law including the DACA program. Our attorneys understand that the topic of deportation can be frightening for you and your family and we are prepared to stand beside you during every aspect of your case.
