Obama Administration to Seek Emergency Order to Let DAPA and Expanded DACA Proceed While Litigation Pending

Contributed by Koby Polaski, Senior Attorney, Edwards Office

After rumors that President would not seek an emergency order staying a judge’s ruling halting the DAPA (Deferred Action for Parental Accountability) and expanded DACA (Deferred Action for Childhood Arrivals) programs, the White House announced today that lawyers at the Justice Department would in fact seek an emergency order to let the latest deferred action programs proceed.

On Monday, Judge Andrew Hanen of the Federal District Court in Brownsville, Texas issued an injunction halting the DAPA and expanded DACA programs just one day before the government was scheduled to begin accepting applications for expanded DACA. In response White House officials announced that the Justice Department would make an official motion to seek an emergency stay of this injunction by then end of the day Monday, February 23^rd. If the Court of Appeals grants the motion for an emergency stay, the government could immediately begin accepting applications for expanded DACA and could also continue working to implement DAPA – originally set to begin in May of this year. In addition to the appeal seeking a stay of the current injunction, the Obama Administration will file an appeal on the substance of Judge Hanan’s ruling.

The decision of the administration to immediately seek an order to allow the new deferred action programs to proceed demonstrates its confidence in the legality of President Obama’s executive action on immigration. Indeed, the recent deferred action programs are consistent both with the 2012 DACA program and also with action taken by past presidents over the last many decades. Legal experts across the board indicate confidence that the Justice Department will ultimately prevail in this litigation, resulting in the successful implementation of the expanded DACA and DAPA programs.

Given this, we recommend that those eligible for the new programs continue to prepare to apply. If you have any questions about these recent developments, or regarding your eligibility for DACA or DAPA, please contact the Joseph & Hall P.C. at (303) 297-9171. One of our expert attorneys would be happy to assist you and to guide you in the right direction.