On Monday February 16th, just two days before immigrants would be allowed to apply for expanded DACA, Judge Andrew Hanen issued a temporary injunction against the implementation of President Obama’s Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) and expanded Deferred Action for Childhood Arrivals (DACA).
Due to the injunction, the Department of Homeland Security is unable to accept requests for the expansion of DACA today, February 18th, as originally planned. Until further notice, DHS has also suspended plans to accept requests for DAPA.
Important Things to Note About the Temporary Injunction.
- The existing DACA policy is NOT affected. Individuals may continue to come forward and request initial grant of DACA or renewal of DACA pursuant to the guidelines established in 2012.
- The enforcement priorities established in DHS’s November 20, 2014 memorandum entitled “Policies for the Apprehension, Detention, and Removal of Undocumented Immigrants” remains in full force and effect.
- It is expected the federal government will immediately request an emergency stay to lift the injunction throughout the appeal process to prevent further delay.
- The legal community is confident that the federal government will ultimately prevail on appeal and that the expanded DACA and DAPA will be implemented once again.
- Be cautious of "notarios" who offer legal advice without a license. Do NOT pay any money to these notarios, especially while the injunction is still in place.
If you were planning on applying for the expanded DACA and DAPA, we recommend you keep preparing all necessary documents and seek good counsel to increase your chance of success and avoid potential problems. It is encouraged to have all documents ready to go so that applicants may submit their applications as soon as the injunction is lifted.
NOTE: The information provided contains general information and is not legal advice. Every case is different and as such, intending applicants should contact a qualified immigration attorney to obtain accurate, case specific information.
To speak to an experienced immigration attorney, contact Isabel Cueva at 801-893-1485.