In November 2014, President Barack Obama announced his executive action immigration plan, which is supposed to provide immigration relief for millions of immigrants living in the United States without authorization. Notably, the executive action plan has expanded the population eligible for the Deferred Action for Childhood Arrivals (DACA) program and has implemented a new Deferred Action for Parents of Americans and Lawful Permanent Residents program allowing parents of U.S. citizens and lawful permanent residents to request deferred action.

Deferred Action for Childhood Arrivals Program

In 2012, the government announced the initial DACA program, which provides deferred action for certain people who came to the United States as children. Eligible applicants can apply for deferred action for a period of two years, subject to renewal. Deferred action is the use of prosecutorial discretion to defer removal action against an individual for a certain period of time. It does not provide lawful status. The initial DACA program also allows eligible applicants to apply for work authorization.

One criticism of the 2012 DACA program has been that it has limited the number of children eligible for deferred action. In particular, the program requires that children must have continuously resided in the United States since June 15, 2007. The president’s recent executive action plan responded to this criticism by expanding the population of children eligible for DACA. In particular, the expanded DACA program will provide deportation relief for children living in the United States continuously since January 1, 2010. It has been expected that the expanded DACA program will provide deportation relief for millions of children living in the United States without authorization.

The expanded DACA program, however, has recently come under attack, which has prevented the program from being implemented.

Texas Judge Halts Implementation of Expanded DACA

Recently, a federal judge in Texas issued a preliminary injunction blocking the administration from implementing the deferred deportment program. The judge issued the decision after the Texas governor filed a lawsuit on behalf of Texas and 26 other states to stop the president’s executive action plan from being implemented.

Proponents of the lawsuit and critics of Obama’s executive action plan believe that the president has exceeded his authority under the U.S. Constitution in unilaterally passing sweeping immigration changes. Echoing this belief, Texas Governor Greg Abbott stated, “President Obama abdicated his responsibility to uphold the United States Constitution when he attempted to circumvent the laws passed by Congress via executive fiat, and Judge Hanen’s decision rightly stops the president’s overreach in its tracks.”

The White House has criticized the judge’s recent decision, and the White House believes that the president acted within his power in announcing the executive action plan.

Contact a Chicago Immigration Attorney for Advice

Importantly, the recent preliminary injunction does not affect the 2012 DACA program. USCIS advises that individuals may continue to come forward and request an initial grant of DACA or renewal of DACA under the guidelines established in 2012. If you have any questions regarding the 2012 DACA program or the recent executive action plan, an experienced Chicago immigration attorney can answer your questions. Katz Law Office, Ltd. employs a team of talented Illinois immigration attorneys who have experienced helping individuals through the DACA process. Contact our skilled Chicago immigration attorneys today for a free consultation and case evaluation.