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DAPA Withdrawal Ends a Path to Legalization for Undocumented Parents of U.S. Citizens

This week brought some disappointing news for undocumented immigrants who would have qualified for deferred action under a program known as the Deferred Action for Parents of Americans and Lawful Permanent Residents, or DAPA. President Barack Obama authorized DAPA in 2014 as a way to protect the undocumented parents of U.S. citizens and lawful permanent residents. However, the program never kicked off because it was blocked by courts. This week, the current administration withdrew the program, effectively ending any further litigation, and cutting off the possibility of deferred status for millions of eligible immigrant parents.

Like with DACA, the Deferred Action for Childhood Arrivals program, eligible parents who received DAPA status would have been able to apply to live in the U.S. and apply for work authorization for an initial period of three years. There was a lot of opposition against the grant of deferred status under DAPA, and it does not come as a surprise that the measure was blocked. However, with the withdrawal of DAPA comes the question of what will happen to the DACA recipients.

Fortunately, there does not seem to be any current move to revoke DACA, which means that those who are eligible under DACA can continue to apply for deferred action and work permits. DACA recipients are supposed to be protected under the program, but as we have previously discussed, some DACA recipients have recently been arrested and deported. This does not mean that it is not safe to apply for DACA; cases of DACA deportations seem to be the exception rather than the rule.

With the withdrawal of DAPA, there is currently no clear path to citizenship for millions of undocumented immigrants in the country. It is uncertain if congress will take action to craft an acceptable law that would provide the path to citizenship and allow undocumented immigrants to live without fear of deportation. It is unlikely that the current administration will take action through Executive Action as was done with DACA.

There are other alternatives for the undocumented parents of U.S. citizens to gain citizenship or lawful permanent residence. One way is through the U.S. citizen or lawful permanent resident children filing an application for an adjustment of status for their parents to be granted a visa or to receive a green card. However, this is not always easy depending on how the parents first entered the country, and if they were previously deported and reentered the country again illegally. There are several other issues that could come up when making these applications and it is often necessary to have an experienced immigration attorney handle the application.

Contact Us for Legal Assistance

When weighing the advantages of applying for the benefits available under DACA versus the risk of deportation, it is important to speak to an immigration attorney about your individual situation. If you want to discuss your DACA application, or have received a removal order for your deportation, you should contact us for legal assistance. Contact our multi-lingual staff to speak to an experienced immigration attorney from Strassburg, Gilmore & Wei, LLP today.


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