By Charles C. Foster
T
he sweeping and historic executive actions announced in a television address by President Barack Obama on November 20, 2014, stirred controversy and even anger. But the executive actions also, for the first time in more than a quarter of a century, gave hope to millions of undocumented long-term residents of the United States. This article addresses these important new legal options that will be more fully developed by regulation and policy guidelines in order to implement the executive actions by May 19, 2015, if not sooner. While all the details will not be known until then, based upon the president’s announcement of executive actions and the follow-up briefings by the Obama Administration, there is sufficient basis to outline: (1) the meaningful, albeit temporary, legal status through Deferred Action for Parental Accountability (DAPA) to an estimated 4.5 million long-term undocumented residents of the United States, (2) the expansion of the Deferred Action for Children Arrivals (DACA) program initially implemented in 2012, and (3) the new opportunities for graduates from U.S. universities under the H-1B visa program. Deferred Action for Parental Accountability (DAPA) Clearly, the most controversial part of the executive actions is the granting of DAPA status to an estimated 4.5 million individuals who have resided in the United States since January 1, 2010, and who are the parents of one or more U.S. citizens or lawful permanent residents (so-called “green card” holders). The requirements for DAPA status are relatively straightforward. Such individuals must have been physically present in the United States on November 20, 2014 (the date of the announcement); they must have maintained residence (but
not necessarily a continuous presence) versial, it was less so since many of these in the United States since before Januindividuals were brought as minor chilary 1, 2010; and they must not have been dren and in some cases, as infants, and convicted of any felony or any serious had lived here virtually all of their lives. misdemeanor, which would most likely It was conditioned upon their being eninclude a conviction for DWI or DUI. rolled in high school, completing high Qualified applicants are granted school or in college or serving in the U.S. deferred action for three years, meanArmed Forces. ing that the government would not Under the president’s 2014 execuduring this time initive action, the DACA tiate any removal/ program will expand Clearly, the most deportation proceednow to cover those controversial part of ings. If, for whatever who were brought here reason, undocumented under the age of 16 irthe executive actions aliens not on the list respective of their curof those prioritized rent age (rather than is the granting of for detention and rethe 2012 requirement DAPA status to an moval, like convicted that they be under 31 felons, come to the atyears old), provided estimated 4.5 million tention of Immigrathat they arrived priindividuals who have tion and Customs Enor to January 1, 2010 forcement (ICE) after (rather than the 2012 resided in the United States January 5, 2015, such requirement that they individual would not arrive prior to 2007). since January 1, 2010, be detained. Most imFurthermore, they will and who are the portantly, DAPA applibe eligible for a threecants can concurrently year deferred action parents of one or more file for an Employment (rather than the 2012 Authorization Docugrant of two years). As U.S. citizens or ment (EAD), which of July 20, 2014, the lawful permanent would also be valid for two-year watermark three years. Issuance for DACA, the U.S. Citresidents... of the EAD imparts izenship and Immigrathe most important benefit. For the first tion Services (CIS) had accepted 681,189 time, DAPA beneficiaries will be lawinitial DACA applications for processing fully authorized to work in the United and granted approval to 587,366 indiStates. DAPA and DACA beneficiaries viduals. Those who were approved near with EADs are also then eligible to apthe beginning of DACA implementation ply for and obtain a Social Security Card in August 2012 are now able to renew it and based upon current law, a valid for two years. Texas driver’s license, both for a similar period of time. Implementation Hurdles to DAPA and DACA Expanded DACA Program for Childhood Although there may be an estimated Arrivals 4.5 million individuals nationally and In 2012, President Obama first created 200,000 in the Houston region who are deferred action to a large number of inpotentially eligible for such a significant dividuals who were brought as children benefit, based upon past history, a sigunder the age of 16 to the United States nificant portion of such population will prior to January 1, 2007, who as of the miss the opportunity of obtaining these effective date were in the United States benefits. This is because of a lack of eduunder the age of 31. While also controcational outreach or fear that through
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thehoustonlawyer.com
March/April 2015
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