DHS Suspends Deferred Action Expansion After District Court Ruling

The Department of Homeland Security has postponed the opening of the expanded Deferred Action for Childhood Arrivals program after a federal district judge temporarily blocked both it and DAPA, a related program for the undocumented parents of U.S. citizens and lawful permanent residents. The expanded DACA program was to begin accepting applications on February 18, while DAPA was slated to begin in May. 

The expanded DACA program would offer deportation relief and work authorization to a broader group of undocumented foreign nationals who arrived in the United States before they turned 16. The current DACA program, which has narrower eligibility criteria, remains in place. 

The judge’s ruling was issued in a lawsuit filed by 26 U.S. states seeking to bar the Obama Administration from certain executive actions on immigration. The Administration plans to appeal the judge’s order. 

What This Means for Employers and Foreign Nationals 

The injunction affects only the expanded DACA program and the DAPA program. The Administration’s business-based executive actions – including its plans to extend work authorization to certain H-1B spouses and to revise the way employment-based immigrant visas are made available – are not covered by the ruling. 

Foreign nationals who qualify under current DACA eligibility criteria can continue to file initial applications and renewals. Foreign nationals who were planning to submit applications under the expanded DACA program will not be able to file unless the Administration successfully appeals the district court injunction. If this occurs, DHS will announce a new opening date for applications under expanded DACA. 

If you have any questions about this Client Alert, please contact your designated Fragomen professional. 

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