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What is happening with DACA and DAPA?

A lot has happened recently with Obama’s executive action. Information can change very quickly, so it is important to stay connected. What is the latest on whether the DAPA and DACA expansion programs will continue? Here are some of the most common questions we have been receiving:

When will we know if the programs will continue?

We don’t know. There is still little indication of what the courts will ultimately decide. Organizations and communities in support of the DAPA and DACA E programs, still have hope that we will get good news soon! But, there is really no way for us to predict when this will be. We do hope that the hearing on April 17th will shed some light as to the 5th circuit’s decision.

What will the court process look like on April 17th?

On April 17th 2014, the 5th Circuit U.S. Court of Appeals will hold two hours of oral argument in New Orleans. The purpose of the oral arguments is not to decide on the legal merits of the ruling U.S. District Court Judge Andrew Hanen issued last month, but on whether to grant the federal government’s motion to put that order on hold while the appeal of his decision goes forward. The 5th Circuit is viewed as America’s most conservative federal appeals court, with a ratio of 2 Republicans to every Democrat on the active bench. We do not know whether the 5th Circuit will make a decision on April 17th. It is expected that whichever decision is made, the case will go up to the Supreme Court.

Is it possible that the court process will take longer than expected and that Obama’s term may have ended by that time? Can the new president get rid of the programs?

Yes. It is possible. And yes, because it is an executive action, any president can decide to reverse it. However, it is not likely that the process will be drawn out so much that Obama’s term will have finished by the time a final decision is made. We expect that there will be a request to expedite the process once the suit reaches the Supreme Court.

If I have eligibility for a different benefit, should I proceed to apply to the different benefit or should I wait for DAPA?

We really cannot answer this question. If you already have a legal representative helping you with your case, this is a question for them. The answer could depend on how likely it is that the other option is successful, what the time frame for the option is, personal circumstances and many other factors.

What is happening with the other changes that were announced on November 20, 2015, for example has there been an increase in border security?

As you may remember, there were ten points that were addressed by Obama’s announcement in November. The lawsuit is only challenging the DAPA and DACA Extension sections of the announcement. As far as we know, the rest of the points are being worked on and may even be in effect.

Remember to stay calm and stay informed to avoid being deceived and fall victim to fraud.  Please note that if you were eligible for DACA under the original rules announced in June 2012 you can move forward with your initial or renewal application without waiting for a decision from the courts.