A Texas federal court has issued a preliminary injunction against President Obama’s executive orders regarding deferred action for undocumented immigrants.  The court’s action thus freezes implementation of the Deferred Action for Parents of U.S. Citizens and Permanent Residents (DAPA) and the expanded Deferred Action for Childhood Arrivals (DACA) programs.  The Department of Justice is seeking an emergency stay of the preliminary injunction pending appeal of the case to the Fifth Circuit Court of Appeals.  The stay is unlikely to succeed and therefore the case will likely be heard on appeal, which will take some time, perhaps months.

The original 2012 DACA program remains in effect.  If you are a first-time applicant for deferred action, or need to renew your DACA status and employment authorization for an additional two-year period, AND you meet the eligibility criteria (see USCIS guidelines), USCIS is accepting applications despite judicial review of the new programs.

If you believe you may qualify for either DAPA or the expanded DACA program, you should continue to gather documents which demonstrate the length of time you have lived in the United States, and documents that demonstrate your relationship to a qualifying U.S. citizen or permanent resident child (for DAPA applicants).  If the filing window opens, the window of opportunity may not be long to earn deferred action status in the United States.

Contact us today for assistance.