Expanded DACA and DAPA are not in effect

On November 20, 2014, President Obama announced that the DACA program would be modified to eliminate the age ceiling, to move the residence requirement from 2007 to January 1, 2010, and to grant the status for three years.

The President also announced a new program for undocumented parents of U.S. citizens and lawful permanent residents called Deferred Action for Parental Accountability (DAPA). A person granted deferred action under this program also receives employment authorization for three years but the requirements are somewhat different. Applicants must show that they meet the following requirements:

  1. Have a U.S. citizen or lawful permanent resident child as of November 20, 2014;
  2. Have continuously resided in the U.S. since January 1, 2010, up to the present time;
  3. Were physically present in the U.S. on November 20, 2014 and at the time of application for deferred action;
  4. Have no lawful immigration status on November 20, 2014; and
  5. Are not government enforcement priorities, which include people with one of any number of criminal convictions (including many misdemeanors), some immigration violators, people who entered the U.S. recently, and people suspected of gang or terrorism activity.

However, these programs are not in effect because Texas and many other states sued in federal court to stop these programs. On February 16, 2015, U.S. District Court Judge Andrew Hanen issued an order blocking the federal government from implementing the programs. The Fifth Circuit Court of Appeals affirmed that ruling. On June 23, 2016, the U.S. Supreme Court affirmed that decision.

Categories: Immigration News