One year after Obama’s DAPA announcement
This week marks one year since President Barack Obama announced he wanted to expand two programs aimed at immigration. Both programs came under fire and the fight was brought to the courtroom.
In 2012, President Obama created DACA or “Deferred Action for Childhood Arrivals.” It gives work permits and temporary deportation protection for undocumented people between ages 15-30 for two years based on strict requirements. Some of those requirements include having to be in the U.S. prior to turning 16 years old and living here continuously since 2007. People must also have a high school diploma, a GED or be in school. There are also criminal restrictions. According to the U.S. Citizenship and Immigration Services, nearly three quarters of a million people have applied for the program.
In 2014, Obama proposed expanding DACA. The 30-year age cap would be removed, and the presence requirement would change from 2007 to 2010. At the same time, DAPA or “Deferred Action for Parents of Americans” was introduced. That program aims for temporary status for three years to parents of babies born in the U.S. or parents of lawful citizens.
However, more than two dozen states sued the federal government. Days before the programs would’ve been implemented, a judge issued an injunction halting them. Just last week, the 5th Circuit Court of Appeals upheld a ruling that said President Obama inappropriately used his executive power on DAPA and DACA. Now, the Obama administration promises to take the issue to the Supreme Court, following this most recent court battle.
“It’s an issue that’s right for a decision from the Supreme Court,” Immigration Attorney Magnolia Zarraga said. “The basic premise of the lawsuit, in my opinion is, do states have the right to implement legislation that interferes with the federal government? And that’s what’s at play here, is that the president has established an executive action and they want to know whether he has the authority to do that.”
It’s still unknown if the Supreme Court will hear the case. If it does, a ruling could happen next summer. In the meantime, Zarraga offers this advice to families in limbo.
“They shouldn’t give up hope,” Zarraga said. “They should continue to gather evidence of their presence in the U.S., of their lawful good moral character just in case something were to occur and DAPA were to be implemented and they’d be ready to go.”
DAPA supporters say it could protect parents of more than five million children in the United States. Assembly member Luis Alejo says an estimated 1.5 million people in California could benefit from both DAPA and DACA.
