Under a Biden Presidency, DAPA Could Come Back into Fruition
What Is DAPA?
In November of 2014, through executive action, the Obama administration announced the Deferred Action for Parents of Americans and Lawful Permanent Residents or DAPA. The plan would have allowed illegal parents of lawful permanent residents or citizens who have lived in the United States since 2010 to be granted deferred action status. The program failed to be fully implemented as numerous legal battles and a deadlock in the supreme court prevented it from going any further. Like the Deferred Action for Childhood Arrivals program, it would not grant legal status, instead, applicants would be eligible for work permits and shielded from deportation. Such work permits would have to be renewed every three years.
Since DAPA’s announcement, the program has been under immense controversy as anti-immigration advocates spared over the executive overreach of the program and the number of applicants to be accepted. Although DAPA was never implemented, it was no question that the program would have helped several million immigrants gain some form of protection, shielding them from deportation. Estimates ranged from a few million to over ten million immigrants qualifying for the program.
From the announcement of the program, several states filed suit against the Obama administration’s efforts to reform immigration arguing against the programs constitutionally and alleging it violates federal statutes. In late February of 2015, a temporary injunction was issued, ultimately blocking DAPA. The fifth circuit court of appeals affirmed the decision and in a split decision, the United States Supreme court left the block against DAPA in place. After being elected, President Donald Trump announced the rescission of the DAPA order, leaving the fate unknown.
If DAPA had been implemented, a person would have been eligible if they met the following:
- Undocumented Immigrant must live in the United States since January 1, 2010
- Physically present in the United States on November 20, 2014, the date of which President Obama announced the program
- Physically present in The United States when applying
- Lack of lawful immigration status on the program announcement date
- Must be the parent or guardian of a child who is a U.S. citizen or lawful permanent resident as of program announcement date
- Not pose a threat to National Security
- Had not been convicted of a felony or three misdemeanors
DAPA Immigration Update
The Trump administration has continued to push a relentless attack against immigration policies, especially those of his predecessor. It is unclear if DAPA will ever be implemented and Attorney Welcome recommends finding other avenues to gain legal status. As the Trump administration assault continues on DACA, immigration advocates at The Law Offices of James A. Welcome continue to vocalize and act on their disdain for anti-immigrant policies. The Covid-19 pandemic has paved the way for the implementation of draconian measures by the Trump administration to restrict immigration, but our firm has continued to fight. While nearly two-thirds of the USCIS workforce remain furloughed, immigration fees continued to increase with no end in sight. The purposeful confusion at USCIS is just another way the Trump administration has failed immigrants.
Our Waterbury, Danbury, and Norwalk attorneys are ready to speak with you 24/7, no matter the type of case you have. Our skilled immigration attorneys have decades of combined experience while providing a personal approach to each client. Our diverse background and successful track record remain a testament to our commitment to exceptional services. Our team invites you to inquire about our services at (203) 806-7922 or contact us online. If you’re ready to take the next steps in your immigration case, talk with a qualified attorney. We make your dreams come true.