Let's look at what an Executive Order
is. The President has the authority under the U.S. Constitution to execute the
laws of the United States. He does not make the laws but is responsible for
carrying the laws out. The President executes the laws with the help of his
Executive Branch that he has selected (Attorney General of the United States,
the Secretary of Department of Homeland Security). The President can decide how
and where to use the limited resources that the government has. Therefore the
President has directed officials not to deport people who arrived here
illegally as children under certain conditions and to use the resources of the
government to deport illegal aliens who are more dangerous (criminals such thieves
and murderers for example) to the security of the U.S.
A President's Executive Order can be
challenged in Federal Court. In February 2015 a U.S. District Court enjoined (ordered
the government to stop) the Executive Order for Expanded DACA & DAPA. Until
this is decided in Federal Court there is currently no Expanded DACE or DAPA.
As a result only DACA (Deferred Action for Childhood Arrivals) can currently
have applications received and approved if the application meets the
requirements.
DACA (Deferred Action for Childhood
Arrivals) is currently available if the person meet very specific criteria. The
criteria is that the person came here before a certain date, came here at a
specific age, have been here a certain amount of years as well as certain
educational requirements. The person had to have entered the U.S. and as a
child (under a certain age) you may qualify for a Work Card so that you can
legally work in the U.S. without getting deported.
Expanded DACA, generally, would remove
the requirement that you entered the U.S. at a certain age as of a certain
date (basically this is to limit the amount of people who can apply by not
going back too many years). Please remember that this is NOT currently
available.
DAPA (Deferred Action for Parents of
Americans), generally, would allow people who entered the U.S. illegally who
are Parents of American Citizens or Green Card Holders to stay in the U.S., qualify
for a Work Card so that you can legally work in the U.S. without getting
deported. Please remember that this is NOT currently available.
If you are affected by this you should
think carefully before you apply and speak with a Immigration Attorney before
submitting any paperwork. You should clearly understand the process and what
you are getting and what you are not getting by applying. There will be a fee
and the application is currently available.
Please contact a licensed Immigration
attorney before you act on your specific situation. Immigration Laws and
Federal Regulations are constantly changing and the general information
provided can change over time.
