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“BREAKING: Supreme Court Agrees To Hear Obama Appeal of DAPA & Expanded DACA Injunction”

By Peter F. Asaad

The U.S. Supreme Court agreed on Tuesday, January 19, 2016, to hear the Obama administration’s appeal of a decision that upheld a block on President Barack Obama’s key executive actions on immigration (DAPA/ DACA), setting the stage for one of the biggest immigration fights at the high court in recent years.

Overturning the 5th Circuit Court of Appeals with respect to President Obama’s executive actions on immigration would shield as many as 5 million immigrants from deportations.  It would also grant them work authorization thereby protecting both foreign nationals and U.S. workers by eliminating the illegality that has allowed unscrupulous employers to exploit undocumented foreign nationals at the expense of both U.S. citizens and foreign nationals alike.  Millions who otherwise abide by the law have been languishing in a state of fear and exploitation.  President Obama used his authority to prioritize those with criminal records for deportation and lowered the priority through DAPA and DACA to protect non-criminals from deportation.  In the past, the U.S. Supreme Court has given wide latitude to the the Office of the Presidency with regard to deportation.

The Deferred Action for Parental Accountability (“DAPA”) and the expanded version of Deferred Action for Childhood Arrivals (“DACA 2.0″) are Obama Administration Executive programs that have been put on hold since early last year by a federal judge in Texas.

Who would be eligible for the Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) program?

If the U.S. Supreme Court overturns the injunction in the Obama Administration’s favor, to be eligible for deferred action under DAPA, you must:

  • Be the parent of a U.S. citizen or lawful permanent resident.
  • Have continuously lived in the U.S. since January 1, 2010.
  • Have been present in the U.S. on November 20, 2014. It’s also likely that you will need to be present in the U.S. every day from Nov. 20, 2014, until you apply for DAPA.
  • Not have a lawful immigration statuson November 20, 2014. To meet this requirement, (1) you must have entered the U.S. without papers, or, if you entered lawfully, your lawful immigration status must have expired before November 20, 2014; and (2) you must not have a lawful immigration status at the time you apply for DAPA.
  • Have not been convicted of certain criminal offenses, including any felonies and some misdemeanors.

Who would be eligible for the expanded Deferred Action for Childhood Arrivals (DACA) program?

If the U.S. Supreme Court overturns the injunction in the Obama Administration’s favor, to be eligible for the expanded DACA program, you must:

  • Have come to the United States before your sixteenth birthday.
  • Have continuously lived in the U.S. since January 1, 2010.
  • Have been present in the U.S. on June 15, 2012, and on every day since August 15, 2012.
  • Have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or “be in school” on the date that you submit your deferred action application.
  • Have not been convicted of certain criminal offenses.