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DOJ to ask Supreme Court to rule DACA and DAPA

On Behalf of | Nov 13, 2015 | U.S. Immigration Law |

It is likely that readers are familiar with both the Deferred Action for Parents of Americans and Lawful Permanent Residents and the Deferred Action for Childhood Arrivals. Among other things these programs, that are the result of an executive action taken by President Barack Obama previously, could keep immigrants who might otherwise be deported, in the United States. They are also probably aware of that 26 states filed a lawsuit regarding the programs alleging that DAPA and changes designed to expand DACA are unconstitutional. While many wait to take advantage of those programs, recently the U.S. Court of Appeals for the 5th Circuit ruled that they will remain in limbo while the lawsuit progresses.

In response to that decision the Department of Justice announced plans to seek review of the matter by the Supreme Court of the United States. While it is not yet clear when an appeal to the high court will be filed, to have the case reviewed while President Barack Obama is in office, it would need to be filed sooner rather than later.

Immigration laws are complex and it is possible that individuals who would qualify for relief under this program may be eligible for other immigration programs as well without realizing it. Because immigration lawyers have a thorough understanding and stay on top of changes to these laws, it is a good idea for immigrants to meet with an immigration lawyer to see if they have any other options. They could also be of assistance if someone receives a deportation notice.