With the Supreme Court deadlocked over United States v. Texas, the lower appeals court ruling upholding an injunction against DAPA and Expanded DACA remains in place. The decision, unfortunately, effectively stymies any progress on immigration for the duration of the Obama administration, leaving millions of undocumented aliens frustrated and disappointed. While the ruling is disheartening, it is important to place it within its proper context. Especially for those affected by it, it is important to understand what the decision means and does not mean.
President Obama's Executive Action on Immigration was announced on November 20, 2014. Since then, there are still a number of unanswered questions about the Deferred Action for Parental Accountability, or "DAPA." We talked about some of those questions here. However, besides unanswered questions, there are also misunderstandings about what the Executive Action does and does not provide. Today, I want to discuss the top five misconceptions that people we talk to have about DAPA.
Under President Obama's new Deferred Action for Parents, also known as DAP or DAPA, eligible applicants will be able to apply for Deferred Action and three-year work permits. One of the most frequently asked questions is what sort of documentation is needed to qualify? At this point, unfortunately, further guidance has yet to be issued. Once the forms are issued, the instructions should clarify what is acceptable evidence. However, it is still extremely important to begin planning and assembling documents. Deferred action under DAPA is the same type of deferred action extended to DACA recipients so the documents required for DACA are a good guide as to what will probably be expected for DAPA applicants. Items that you might want to consider gathering together include but should not be limited to the following. This should not be relied upon as legal advice. This is merely general information based upon what USCIS has requested of applicants for deferred action under DACA. Once the instructions and guidelines come out, of course, it will be clear what is necessary.