Executive Action - DACA and DAPA

On November 20, 2014, President Obama announced that he was instituting reforms to immigration by executive order since Congress failed to act.  The list of reforms is a long one, and I will try to post links to resources in a future post.  

Two major actions are the expansion of DACA (Deferred Action for Childhood Arrivals) and the creation of DAPA (Deferred Action for Parental Accountability).  DACA allows individuals who came as children, were educated here and have been here for five years to apply for employment authorization.  DAPA allows parents of U.S. Citizen or Lawful Permanent Resident children who came before January 1, 2010 and are not on a priority list for removal to be able to apply for employment authorization.

It is very important to know that no guidance on the new programs has been released.  No one can file an application right now (with the exception of people who fit within the old DACA criteria).  I urge people to beware of attorneys and notarios who area taking fees for applications that do not exist for a process that has not been fully described. 

We will be posting more on this over the next few days, weeks and months.   

DACA Renewals

USCIS has just released updated information on renewing Deferred Action for Childhood Arrivals (DACA).  Information can be found here:  http://www.uscis.gov/humanitarian/consideration-deferred-action-childhood-arrivals-process/renew-your-daca

Sadly, this indicates that immigration reform has gone nowhere -- either as a comprehensive package or with a piecemeal approach.   

Immigration Reform - Not Dead Yet?

As we enter 2014, there is still a slight glimmer of hope that the 113th Congress may yet address immigration reform.  The Senate passed a comprehensive bill last year, but the House has declined to take up the issue.  Speaker Boehner has recently sent signals that at least certain pieces may be addressed this year.  The New York Times published an interesting article yesterday: http://www.nytimes.com/2014/01/02/us/politics/boehner-is-said-to-back-change-on-immigration.html?_r=0 

I had written off the chances for reform several months ago, but as we approach the 2014 elections, there is apparently renewed interest.  And if there is reform, let's hope that Congress addresses:  family unity, backlogs in processing, H-1B visas and DREAMers.

Dream Deferral: Not Yet Here But Coming Soon

The DHS deferral program for individuals who would have qualified for the Dream Act (had it ever passed) has not yet begun.  DHS announced today that they will begin accepting applications within 60 days of June 15, 2012, the day they announced the program.  The basic criteria will be:

• That the applicant came to the United States while under the age of sixteen;
• Has continuously resided in the United States for at least five years preceding June 15, 2012 and have been physically present in the United States on June 15, 2012;
• Is currently be in school, has graduated from high school, has obtained a general education development certificate, or is an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; 
• Has not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety; 
• Is not above the age of thirty.

Potential applicants:  do not pay anyone any money to file an application for you yet:  DHS has not issued instructions and is not yet accepting applications