June 15, 2017
Frequently Asked Questions: Rescission of Memorandum Providing for Deferred Action for Parents of Americans and Lawful Permanent Residents (“DAPA”)
A. Secretary Kelly considered a number of factors, including the nationwide injunction of the DAPA memorandum, the ongoing litigation, the fact that DAPA never took effect, and our new immigration enforcement priorities.
Q: Why was DAPA never implemented?
A: Federal courts halted the policy before it was implemented.
Q. What were the factors to be considered for DAPA?
To request consideration for deferred action under DAPA, the alien must have satisfied the following criteria:
- as of November 20, 2014, be the parent of a U.S. citizen or lawful permanent resident;
- have continuously resided here since before January 1, 2010;
- have been physically present here on November 20, 2014, and when applying for relief;
- have no lawful immigration status on that date;
- not fall within the Secretary’s enforcement priorities; and
- “present no other factors that, in the exercise of discretion, make[ ] the grant of deferred action inappropriate.”
The Memorandum also directed USCIS to expand the coverage criteria under the 2012 DACA policy to encompass aliens with a wider range of ages and arrival dates, and to lengthen the period of deferred action and work authorization from two years to three (“Expanded DACA”).
Q. Will this affect DACA?
A. This rescission will not affect the terms of the original DACA program as outlined in the June 15, 2012 memorandum.
Q. Does this mean that DACA recipients will not be able to apply for a three-year work authorization, as established in the DAPA memorandum?
A. DACA recipients will continue to be eligible as outlined in the June 15, 2012 memorandum. DACA recipients who were issued three-year extensions before the district court’s injunction will not be affected, and will be eligible to seek a two-year extension upon their expiration. No work permits will be terminated prior to their current expiration dates.
For more information, go to: www.beverlyhillsimmigrationlaw.com