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ByPhillip Kim

Latest News on DAPA; DACA under 2012 announcement is NOT affected by the 02/16/15 court decision.

DACA under 2012 announcement is NOT affected by the 02/16/15 court decision.

It means that you may still file for DACA if you meet the requirements under 2012 announcement; and you may also renew it if your DACA was approved.

Here is the Statement by Secretary Jeh C. Johnson Concerning the District Court’s Ruling Concerning DAPA and DACA:

I strongly disagree with Judge Hanen’s decision to temporarily enjoin implementation of Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) and expanded Deferred Action for Childhood Arrivals (DACA). The Department of Justice will appeal that temporary injunction; in the meantime, we recognize we must comply with it.

Accordingly, the Department of Homeland Security will not begin accepting requests for the expansion of DACA tomorrow, February 18, as originally planned. Until further notice, we will also suspend the plan to accept requests for DAPA.

The Department of Justice, legal scholars, immigration experts and even other courts have said that our actions are well within our legal authority. Our actions will also benefit the economy and promote law enforcement. We fully expect to ultimately prevail in the courts, and we will be prepared to implement DAPA and expanded DACA once we do.

It is important to emphasize what the District Court’s order does not affect.

The Court’s order does not affect the existing DACA. Individuals may continue to come forward and request initial grant of DACA or renewal of DACA pursuant to the guidelines established in 2012.

Nor does the Court’s order affect this Department’s ability to set and implement enforcement priorities. The priorities established in my November 20, 2014 memorandum entitled “Policies for the Apprehension, Detention and Removal of Undocumented Immigrants” remain in full force and effect. Pursuant to those enforcement priorities, we continue to prioritize public safety, national security, and border security. I am pleased that an increasing percentage of removals each year are of those convicted of crimes. I am also pleased that, due in large part to our investments in and prioritization of border security, apprehensions at the southern border – a large indicator of total attempts to cross the border illegally — are now at the lowest levels in years.

ByPhillip Kim

DACA & DAPA on Temporary Hold- latest news on executive action

DACA DAPA Latest News: USCIS will not process DACA & DAPA applications until the further decisions from the court.

On 02/16/2015, Monday, U.S. District Judge Andrew Hanen granted the preliminary injunction after hearing arguments in Brownsville, Texas last month. He wrote in a memorandum accompanying his order that the lawsuit should go forward and that without a preliminary injunction the states will “suffer irreparable harm in this case.”

In a statement early Tuesday, 02/17/15, the White House defended the executive orders issued in November as within the president’s legal authority, saying the U.S. Supreme Court and Congress have said federal officials can establish priorities in enforcing immigration laws.

Among those supporting Obama’s executive order is a group of 12 mostly liberal states, including Washington and California, as well as the District of Columbia. They filed a motion with Judge Hanen in support of Obama, arguing the directives will substantially benefit states and will further the public interest.
A group of law enforcement officials, including the Major Cities Chiefs Association and more than 20 police chiefs and sheriffs from across the country, also filed a motion in support, arguing the executive action will improve public safety by encouraging cooperation between police and individuals with concerns about their immigration status.
The appeal will be heard by the 5th U.S. Circuit Court of Appeals in New Orleans.

The DHS and USCIS and others are enjoined from implementing any part of DAPA and DACA until the further order of the court.