An Update On the Status of Expanded DACA & DAPA

Back in November 2014, President Barack Obama announced a series of administrative immigration reforms known as the Immigration Accountability Executive Action (IAEA). The main core of these reforms revolved around an expansion of the currently effective Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) and Deferred Action for Childhood Arrivals (DACA) initiatives that would provide temporary relief from deportation for some 5 million qualifying undocumented immigrants currently in the United States.

The executive order authorized the Department of Homeland Security (DHS) to defer deportation for the parents of U.S. citizens and other permanent residents who satisfy certain requirements for up to three years, as their presence poses no real threat to the United States. The order was issued with the hope that it would prompt Congress to take permanent action towards a more comprehensive reform to U.S. immigration policy.

Pushback From the States

Shortly after the actions’ introduction, a Maricopa County, Arizona Sheriff Joe Arpaio and representatives from 25 total states sued the Obama administration over the legality of the orders. While many of these lawsuits were dismissed, including Sheriff Arpaio’s, a Texas federal court blocked the President’s DAPA and DACA expansions. This ruling would be upheld in a Fifth Circuit Court of Appeals upon appeal from the Department of Justice, and is now currently being reviewed by the United States Supreme Court.

The lawsuits center on a policy dispute regarding how immigration agencies should use their minimal enforcement resources. Additionally, the plaintiffs claim that the executive actions violate the Constitution’s “Take Care” clause on accusations that the President sought to change the law rather than use his power to ensure the laws were faithfully executed. The Obama administration has defended its actions on the grounds that the President’s actions were a lawful use of prosecutorial discretion, with the added argument that the states were not harmed and therefore do not have legal standing to sue in the first place.

The Current Status of Obama’s DAPA & DACA Expansions

In January 2016, the Supreme Court began its review of the Fifth Circuit Court’s decision. Several organizations and community leaders have filed briefs with the Supreme Court in favor of the Obama administration’s efforts, citing the benefits of expanded DAPA and DACA for families, the American economy, and public safety as a whole.

Oral arguments were heard on the matter on April 18th, 2016, with discussion primarily focused on the issue of the states’ legal capacity to file suit. While the U.S. Solicitor General and the Texas Solicitor General took the floor and argued during the majority of the 90 minute session, members of the U.S. House of Representatives and a representative from MALDEF were also allowed to address the court.

The Supreme Court has traditionally recognized the Executive Branch’s authority to exercise prosecutorial discretion, as every president since Dwight D. Eisenhower has used this authority in a similar capacity for temporary immigration relief purposes. Nothing is certain as of yet regarding the Supreme Court’s decision, though it appears that the Obama administration may have the edge.

With that being said, the fate of DACA and DAPA may be affected by the February 2016 passing of Justice Antonin Scalia. With only eight justices voting on the case in his absence this spring, the possibility of a split decision could cause the case to be sent back down to the Texas district court that blocked the executive orders in the first place. Regardless of the outcome, however, one thing remains certain: there is still much more work to be done to improve immigration in the United States.

Fort Lauderdale Immigration Lawyer

At Guerra Saenz, PL, our top-rated Fort Lauderdale immigration attorneys have handled thousands of immigration cases and can provide the powerful advocacy you need to help you with your immigration matter. Having been Board Certified in Immigration and Nationality Law, our founding lawyer Luis A. Guerra can use his skills and knowledge to maximize your chances of securing a favorable outcome for your situation.

Call (888) 900-1748 today to review your legal options.