Executive Action

The Emerald Isle Immigration Center’s Executive Director Siobhan Dennehy expressed “disappointment but no surprise” that late yesterday a divided three judge panel of the Fifth Circuit Court of Appeals denied the federal government’s appeal of the preliminary injunction that has temporarily stopped President Obama’s deferred action initiatives from being implemented. Finally, however, this decision clears the path for the Obama Administration to take this case to the U.S. Supreme Court. The Obama administration should move quickly to petition the United States Supreme Court for review.

Specifically, the Fifth Circuit Court’s decision continues the hold on the expansion of the deferred action for childhood arrivals program (DACA) and the deferred action program for parents of US citizen and permanent resident children (DACA) which were announced almost one year ago by President Obama. Together, these programs could provide as many as five million immigrants and their families with temporary relief from deportation.

This unfortunate decision is a another setback which will further delay the implementation of these programs. Should the Obama administration file a timely request and the U.S. Supreme Court decide to review the decision by early next year, a final decision will be reached by next summer. Those who qualify under these programs should not be deterred from continuing to gather the necessary documents and information and remain in the United States in anticipation of further more favorable developments in the coming months. Potential applicants should secure reliable advice from qualified immigration counsel and beware of immigration scams.

Nearly one year ago, President Obama announced his plan for executive action to provide administrative relief to certain individuals without immigration status currently in the United States on November 20, 2014. Initial details indicate that his plan will help long term undocumented parents of children who are U.S. citizens or permanent residents by giving them authorization to work legally and protecting them from deportation (or DAPA) in addition to expanding the existing deferred action program for childhood arrivals (DACA).

Please be advised that no one is eligible at this time and beware of any scams to apply for benefits immediately under this new program.

We continue to await a decision from the Court of Appeals for the 5th Circuit on the Administration’s executive action policies on immigration (DAPA and expanded DACA). Oral arguments were heard on July 10, 2015. Either side could choose to appeal the impending decision to the US Supreme Court, which means that possible expanded DACA and DAPA implementation may not occur until next year. Since DAPA and expanded DACA are administrative relief programs, the newly elected president could alter or remove the program entirely when they assume office in 2017.

As more information becomes available we will be posting on our website at www.eiic.org, Facebook page and Twitter stream.