DAPA & DACA on Hold

Unfortunately, an appellate court decided this week to keep the DAPA program and DACA expansion on hold while the case moves forward in court. So what does that mean for Latino immigrants and people from other parts of the world seeking immigration relief here in Indiana? Well, the decision wasn’t a surprise for advocates who were following the case closely– and the good news is the Obama administration can still appeal the ruling. So there is hope the U.S. Supreme Court will overturn the lower court.

We know the Obama administration wants to help immigrants – that’s why the new immigration opportunities were proposed. And there is still time left before a new President takes office. We also know the U.S. Supreme Court has ruled favorably for immigrants in other cases when the States tried to regulate or enforce immigration law—such as the case of Arizona v. US (2012) where the Supreme Court decided that Arizona couldn’t enforce much of their controversial “papers-please” law, SB1070. Many legal experts agree that the Supreme Court may open the program.

Also, news outlets are reporting that some members of Congress are proposing new immigration legislation in light of the court’s decision. So the immigration attorneys at Goodin Abernathy LLP are planning for the appeal and any new proposals.

For now it is important that everyone understands that this decision doesn’t affect other immigration programs, if you qualify for original DACA, for a U-visa, or a family petition you can still undertake these processes. Additionally, it is important to understand that parts of the executive action announced by the president a year ago are now in force (like the new deportation priorities) or in process (like the expansion of the provisional waiver).

What should you do if you are waiting on relief?

The advice hasn’t changed—get your documents in order to be prepared for any kind of new immigration relief. What kinds of documents? While we don’t know for sure what the requirements of any new relief would be exactly there are some documents which are likely to be part of the process, such as identification documents (birth certificates, passports, or other national IDs), documents which show that you have been living in the US (like bills, tax returns, bank statements, medical records, leases, or other papers), and documents which show your ties to the US (such as US citizen children’s birth certificates). Also, if you have ever been arrested or had to go to court you should try to get certified copies of those court or arrest records.

While we can’t predict the future or what will happen with politics, the immigration lawyers of Goodin Abernathy remain dedicated to keeping the Spanish-speaking community updated with the most recent information about any new immigration reform or benefits. If you have questions don’t hesitate to call—317-574-3090.