Homeland Security Secretary John Kelly formally rescinded the memorandum that created the Deferred Action for Parental Accountability (DAPA) program intended to temporarily protect certain parents of U.S. citizens or permanent residents from deportation.
Kelly announced the repeal of DAPA because there is no legal way to go ahead with this executive action after it was challenged in the courts. At the same time, he reaffirmed by means of a legal memorandum that the Deferred Action for Childhood Arrivals (DACA) program will remain in effect - for the time being.
DAPA and the expansion of DACA were executive actions announced by President Barack Obama in November 2014, but never went into effect because 26 states filed a lawsuit challenging their legality. A federal judge in Texas blocked their implementation.
After several legal maneuvers, the case went all the way to the Supreme Court, but after a tie vote of the 8 judges, the decision of the Federal Court of Appeals for the Fifth Circuit in New Orleans was reaffirmed, upholding the blocking of DAPA and the expansion of DACA, which offered to give deferred action to more young immigrants and extend their work permits for three years.
Although for the moment people covered under DACA are safe, there is no certainty as to what will happen to the program, whether there will be changes or it will eventually be eliminated.
Remember that DACA is temporary and can be terminated. If you have DACA, consult with an immigration attorney as soon as possible to see if you have a legal path to permanent residency.
