Practice Areas
Deferred Action for Parents (DAPA)

Deferred Action for Parents (DAPA)

On November 20, 2014, President Obama announced a series of executive actions including a new deferred action program to benefit certain undocumented parents of United States citizen or lawful permanent resident children.

Those eligible will be placed in “deferred action” status and allowed to remain in the United States with temporary work authorization, renewable in three-year increments.

On February 16, 2015, a federal judge in the Southern District of Texas issued a preliminary injunction, which delays implementation of DAPA and the expansion of DACA. Following the injunction, United States Citizenship and Immigration Services (USCIS) announced that it suspended plans to implement DAPA. This litigation is ongoing and DAPA remains suspended.

If and when DAPA is implemented, applicants who meet the following requirements will be eligible to apply:

  • Those who have lived in the United States continuously since January 1, 2010;
  • Those who had, on November 20, 2014, a son or daughter who is a United States citizen or lawful permanent resident; and
  • Those who have not been convicted of a felony, or a particularly serious misdemeanor, including DUIs and certain domestic violence related offenses.

Beyond these requirements, USCIS has been tasked with developing further guidelines and procedures and will consider each request for DAPA on a case-by-case basis.