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SCOTUS Agrees to Hear DAPA Case

Posted On:
February 23, 2016
Posted By:
Justin Burton

SCOTUS Agrees to Hear DAPA Case

For nearly a year, the Obama Administration’s Executive Action extending deferred action to undocumented immigrants with citizen and lawful permanent resident children has been stalled due to a legal challenge by a coalition of 26 states, led by the state of Texas. On January 19th, 2016, the United States Supreme Court agreed to hear the case and rule on the constitutionality of the action, known as Deferred Action for Parents of American and Lawful Permanent Residents (sometimes call Deferred Action for Parental Accountability), or DAPA. To learn more about DAPA and other immigration law topics, work with an experienced immigration attorney.

What is DAPA?

DAPA is an immigration policy that allows government officials to defer the deportation of certain individuals who are undocumented immigrants, provided that they have children who are United States citizens or lawful permanent residents. In addition to deferring deportation, people who are able to stay in the United States under DAPA are also eligible to obtain work permits.

Who is Eligible for Deferred Action Under DAPA?

In order to be eligible for deferred immigration action under the DAPA plan, an individual must:

  • Be the parent of a lawful permanent resident or a United States citizen;
  • Have lived in the United States continuously since before January 1, 2010;
  • Have been physically in the United States on November 20, 2014;
  • Have been without lawful immigration status on November 20, 2014, and not have lawful immigration status when applying for DAPA; and
  • Not be an “enforcement priority” for removal from the country, including those related to national security and public safety threats.

What Happens if the DAPA Program is Upheld?

If the Supreme Court finds that the program is Constitutional and does not conflict with existing federal law, millions of people who are the parents of lawful permanent residents and U.S. citizens will be able to apply for deferred action under DAPA. This means that they will be able to live and work within the United States without fear of being deported by immigration authorities.

Are there Alternatives to DAPA?

People who are in the country without proper documentation should always discuss their options with an experienced attorney. In many cases, there are options that immigrants may be able to pursue in order to gain lawful status, including family-based immigration, employment-based immigration, U visas, asylum, and others. Of course, whether any of these options applies in your situation depends on your specific circumstances. Discussing your situation with an experienced attorney will ensure that all viable options are explored and that you minimize your risk of being removed from the United States against your will.

Contact a Chicago immigration Law Firm Today to Discuss your Legal Options

The United States immigration system is extremely complicated and can be difficult to navigate, particularly for individuals without legal training. Fortunately, the Chicago immigration attorneys of Kriezelman, Burton & Associates, LLC are here to help. We practice in a number of specific areas within immigration law, including employment-based immigration, family-based immigration, removal defense, and many others. To discuss your case with one of our experienced lawyers, call our office today at 312-332-2550.

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