On June 23, the U.S. Supreme Court issued its tie (4-4) decision in the United States v. Texas litigation. The Court’s split decision means that the preliminary injunction issued by the U.S. District Court in Texas remains in effect and expanded Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parental Accountability (DAPA) remain on hold while the case is returned to the lower court.
After the 5th Circuit decision on Nov 9th, many communities are unsure about the future implementation of DAPA and expanded DACA. What can we do to help members of our community while we wait? As we learned from DACA, many people who came forward to apply for deferred action were actually eligible for other (more permanent) remedies. Why wait to find that out? Why not address this now through community education forums addressing common immigration remedies?
In connection with the State of Texas v. U.S. litigation, USCIS began recalling over 2,600 grants of Deferred Action Childhood Arrival (DACA) and work authorization in May 2015. USCIS increased its recall efforts dramatically following a Court Order issued on July 7. CLINIC officially registered its opposition to the recall and any resulting terminations. CLINIC worked closely with affiliates to support, advise, and assist them and their clients to understand and take necessary actions as well as to responsibly spread the word in the community. CLINIC and its affiliate efforts helped result in 99.2 percent compliance with the recall. Of the 22 terminations of status issued, 12 were reinstated.
On this webinar, panelists analyze the new FAQs in light of the original enforcement priorities memo and discuss what this guidance means for clients and community members. Some of the issues covered in the FAQs that will are discussed include: DUIs, identity-theft offenses, significant misdemeanors, and the type of immigration violations that trigger enforcement for “significant visa abuse.” Time was also reserved for questions.
On May 26th the Fifth Circuit Court of Appeals denied the government’s emergency request to “stay” the current injunction placing DAPA and expanded DACA on hold. On this affiliate-only webinar, we reviewed the details of the Fifth Circuit decision in addition to talking about the current work each affiliate can continue to do. Time at the end of the webinar was reserved for questions.
On Tuesday, May 26, the Fifth Circuit Court of Appeals denied the government’s request for an emergency stay of the injunction issued by a Brownsville judge in February. That injunction stopped implementation of the expanded DACA and the DAPA programs that were already set to begin. The district court found that the plaintiffs – 26 states – had standing to bring the lawsuit and it found that the government had violated the Administrative Procedures Act (APA) in failing to publish regulations before implementing the programs.
Twenty-six states (the “states”) are challenging the government’s Deferred Action for Parents of Americans and Lawful Permanent Residents program (“DAPA”) as violative of the Administrative Procedure Act (“APA”) and the Take Care Clause of the Constitution.
The March 27th webinar was the fourth webinar in the series, where we reviewed a few new legal developments regarding DAPA and DACA, talked about good client screening techniques, shared some advocacy updates, and highlighted a few affiliate preparation and service delivery models.
By Ilissa Mira
By Jen Riddle