U.S. Federal Judge Temporarily Prohibits Implementation of Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) and Expanded Deferred Action for Childhood Arrivals (DACA).

U.S. Federal Judge Temporarily Prohibits Implementation of Deferred Action for Parents of Americans and Lawful Permanent REsidents (DAPA) and Expanded Deferred Action for Childhood Arrivals (DACA). - February 19

On February 17, Federal Judge Hansen issued a temporary injunction prohibiting USCIS from implementing the DAPA and expanded DACA programs. Until further notice, USCIS has suspended plans for both programs. This injunction does not affect other pieces of President Obama's Executive Actions on Immigration, such as the expansion of provisional waivers for unlawful presence, the provision of work authorization to certain H-4 visa holders, and creation of Parole for eligible investors, researchers, and founders of start-up enterprises. Programs other than DAPA and expanded DACA will continue to be developed and implemented by USCIS.

The court's temporary injunction does not affect existing DACA recipients. Individuals may continue to come forward and request an initial grant of DACA or a renewal of DACA under the guidelines established on June 15, 2012. It is unclear at this time if current DACA recipients who submit applications to renew their Deferred Action will receive temporary employment authorization for a two or three year period.

The court order does not affect the Department of Homeland Security's ability to set and implement enforcement priorities for removal. The priorities for removal established on November 20, 2014 will remain in full force and effect. DHS will continue to prioritize the removal of those individuals who present public safety and national security concerns.

We will continue to diligently monitor this topic and post our findings in the Breaking News Section of our website and on our Facebook page. Should you have questions on how this topic may affect you, your family, or friends, please contact William Hummel, Associate Attorney, to schedule a consultation click here.

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