Court Issues Decision Further Delaying DAPA Program

Last Monday, the United States 5^th Circuit Court of Appeals affirmed a previous decision preventing the implementation of President Obama’s executive action on immigration. For the time being, the program remains stalled.

The executive order – which expands the existing Deferred Action for Childhood Arrivals (DACA) program and introduces Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) – has been on hold in the courts since it was issued last November. While this latest setback is disappointing, it is not the end of the story.

Victor Nieblas Pradis, President of the American Immigration Lawyers Association (AILA) described the Texas case as a “politically motivated lawsuit to challenge President Obama’s authority to exercise his constitutionally granted executive power.” Opponents of the program have made a procedural technicality the center of their case, disregarding the potential benefits.

Although DAPA and expanded DACA would not confer lawful immigration status, it would provide protection from deportation and authorization to work in the United States. 4.3 million people are estimated to be eligible for the program.

The U.S. Department of Justice has already promised to appeal the most recent ruling, and the next step is to wait to see whether the U.S. Supreme Court will hear the case. “As this case drags on, wasting more time and government resources, I still hold firm to the faith that this will end justly with the full implementation of expanded DACA and DAPA,” said Mr. Nieblas Pradis of AILA. At Robichaud, Schroepfer & Correia, P.A., we share his optimism.  If you have questions about these programs, reach out to our office today.