Sunday, March 22, 2015

The Dream Act, President’s Obama’s Executive Orders for DACA (Deferred Action for Childhood Arrivals), Expanded DACA and DAPA(Deferred Action for Parents of Americans) – What you need to understand!!!

DACA, Expanded DACA & DAPA are not related to the Dream Act. The latest version of the Dream Act was introduced in the U.S. Congress in May of 2011 but failed to get through the Congress as a law (THERE IS NO DREAM ACT!!!). The Dream Act would have provided a path to a green card for many people who came here illegally as children. As a result of the failure of the Dream Act, President Obama issued an Executive Order creating DACA in 2012 in attempt to help people who entered the U.S. illegally as children. Again in November of 2014 President Obama issued another Executive Order Expanding DACA and creating DAPA. Please be aware that DACA, Expanded DACA & DAPA will not lead to getting a Green Card (NO GREEN CARD!!!).

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.

No comments:

Post a Comment