Articles Posted in Deferred Action for DREAMers

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The United States Supreme Court heard oral arguments in the case involving President Obama’s executive action on immigration, United States v. Texas. During oral arguments, it appeared from the questioning that the eight justices on the Supreme Court were divided among ideological lines, with the four liberal justices strongly questioning the twenty-six states challenging the President’s DACA and DAPA orders while the four conservative justices strongly questioned the government lawyers defending the President’s immigration orders.

In an extended oral argument session, each side laid out their case as to why the President’s expanded DACA/DAPA order should be upheld or struck down. Lawyers in favor of the President’s executive orders argued that Congress only gave the government so much money to deport alien’s unlawfully present in the United States so prioritization had to take place. Government lawyers argue that the President’s order simply grants Lawyers opposed to the President’s executive orders saw things differently, arguing that the President exceeded his discretion under the current immigration laws passed by Congress.

While it remains uncertain what the Supreme Court will do with the case, there are a number of scenarios that can play out. Firstly, a majority of justices might be able to agree on an opinion for the case, thus resolving the legal issues presented; however, most experts seem to agree that this outcome is unlikely. Secondly, the justices can decide to hold the case over to the next term for re-argument in the hopes that a new justice will be seated to replace the late Justice Antonin Scalia. Thirdly, a divided Supreme Court can issue no opinion and let the decision of the lower court stand. If you remember back in August of 2015, the 5th Circuit affirmed the injunction against the President’s expanded DACA and DAPA executive orders, which would mean the President’s executive action, could still not be implemented.

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The lawsuit regarding President Obama’s executive actions on immigration has been making its way through the federal court system for over a year now. Just this week, a new development in the lawsuit took place. Below is a brief history of the lawsuit followed by the most recent update.History of the lawsuit:

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Dreamers around the country are celebrating the third anniversary of President Obama’s Deferred Action for Childhood Arrivals (DACA) program. Announced in 2012, President Obama, through executive order, took the fear of deportation away for countless undocumented young people in the country. While the expanded DACA program remains on hold while a lawsuit plays out, since the President announced DACA in 2012, Dreamers all over the country have taken advantage of the program. Since USCIS began accepting applications, over 700,000 individuals have benefited from the DACA program. To celebrate, here’s a reminder of the requirements for the DACA program and what you need to apply.

To be eligible for DACA, you must meet the following criteria:

  • Were under the age of 31 as of June 15, 2012;
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Immigration policy is complicated enough but it gets even more complicated when a federal lawsuit is involved. So let’s take a minute to rundown what’s actually happening with the DACA lawsuit currently going through the federal court system.

  • Back in November, President Obama announced his long anticipated executive action expanding the DACA program and creating DAPA.
  • Almost immediately after the announcement, a group of 26 states filed a lawsuit in a federal district court to stop the President’s new program from going into effect.
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    Hilary Clinton, the presumptive favorite for the Democratic Party’s presidential nominee, has given her full support for immigrant rights and to finding a pathway for citizenship. In a change from her campaign in 2008, where she was hesitant on whether to allow people who were undocumented to obtain drivers license, she now completely backs immigration reform, and highlights her support for reform as a way of

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    President Obama finally announced his plans to overhaul U.S. immigration policies via executive action. This blog post will focus on the President’s initiative to increase the amount of people who can be eligible for Deferred Action for Childhood Arrivals (DACA). Eligible individuals will be granted deferred action and work authorization for three years under this expanded DACA program. This expansion also eliminates the upper age limit of 31, so anyone who meets the remaining requirements can apply.

    Please note that this provision was dealt a set back by a US district court ruling which has ordered an injunction on the program. However, we will briefly outline the eligibility requirements and please keep watching this blog for developments.

    The DACA program does not convey legal immigration status, and its benefits may not be permanent. However, it is a chance to get employment authorization, apply for a social security number, obtain a drivers license (in most states), go to college, travel, and, for at least three years, be free from fear of deportation.

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    The President is preparing to announce a new set of Executive Actions he plans to take on immigration since Congress has yet to pass a comprehensive immigration reform package. Speaking during a press conference yesterday in Washington D.C., President Obama stated that he is working on ways to ease deportations of immigrants living in the country undocumented. While the President hasn’t indicated what type of relief he plans to offer, many immigrations rights activists are beginning to speculate.

    The President announced earlier this summer that he would take Executive Action because Congress failed to pass a comprehensive immigration reform package before they left for a summer recess. Saying that the American people do not want the him to just twiddle his thumbs while Congress refuses to act, President Obama instructed his staff to begin coming up with actions the President can take that would not require Congressional approval. Many people believe the President will try to expand the popular Deferred Action for Childhood Arrival program he initiated during the summer of 2012. The President said he plans to announce the new set of executive actions sometime towards the end of this summer.

    Stay tuned to this blog for further updates regarding the President’s new proposals. If you’re interested in more information about DACA, you should contact a skilled immigration attorney for further details.

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    U.S. Citizenship and Immigration Services announced on Thursday that applicants of the popular 2012 Deferred Action for Childhood Arrivals (DACA) may renew their applications for two additional years. The program, which began in 2012, allows children that entered the United States illegally before their 16th birthday, and that meet certain other eligibility requirements, to receive a temporary deferred action status. According to various news sources, an estimated 560,000 applicants have been approved for deferred action under DACA thus far.

    Renewal applications as well as first time applications are available on the USCIS website. According to USCIS, to be eligible for DACA, an individual must meet the following eligibility requirements:

    1. Were under the age of 31 as of June 15, 2012;

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    Just short of one month after USCIS applications became available for Deferred Action for Childhood Arrivals (DACA) program, USCIS has begun mailing out approvals to applicants. News sources estimate that since the program began on August 15, 2012, some 72,000 young, undocumented immigrants have applied. Department of Homeland Security estimates there are more than 1.2 million immigrants eligible for DACA.

    The DACA program is political. It does not convey legal immigration status, and its benefits may not be permanent. DACA status must be renewed every two years and there could be risks involved in bring your undocumented status to the attention of the USCIS, particularly any criminal history exists. So why apply? Because the benefits probably outweigh the risks for most people. It is a chance to get Employment Authorization, apply for a social security number, obtain a drivers license (in most states), go to college, travel, and, for at least two years, be free from the fear of deportation.

    To be eligible for DACA, you must meet the following criteria:

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    On June 15, the USCIS began accepting applications for Deferred Action for Childhood Arrivals (called DACA). Deferred Action is not a grant of lawful immigration status, nor does it give you a pathway to a green card or naturalization. DACA is merely a policy to allow individuals who were brought to the United States as children, a relief from accruing further unlawful presence and the ability to obtain work authorization and a social security number. As has been published in many places, the basic eligibility criteria are:

    • Were under the age of 31 on June 15, 2012;
    • Arrived in the United States before your 16th birthday;