Many foreign nationals and immigration attorneys have welcomed the news that the Supreme Court will review the injunction that has been placed on President Obama’s executive actions. If the Supreme Court removes the injunction, foreign nationals will be able to apply for expanded DACA (deferred actions for children up to 16 years old who entered the US and have lived in the US since January 1, 2010) and DAPA (deferred action for parents of USC who were born prior to November 20, 2014.
Under DAPA and expanded DACA foreign nationals will be able to stay and work legally in the US for 2 years. Naturally, they will need to file an application with US Citizenship and Immigration Services to secure these benefits. It follows that the practical impact to applicants will be security in communities across the country from immigration raids. This is especially important given by the recent and ongoing immigration raids carried out by Immigration Customs Enforcement (ICE).
Applicants will also be able to obtain social security numbers after they receive their employment authorization document. With a social security number they will be able to apply for a driver’s license.
In addition, the Supreme Court case is important legally because it challenges the states’ power to stop the implementation of federal immigration relief.
Because DAPA and expanded DACA are only executive actions passed by President Obama, they are only temporary and can be repealed by the next president. This means that if the Supreme Court was to decide the case tomorrow, the future of the executive actions might only last 11 months, which is President Obama’s remaining term in office. We also need to consider that it will take at least 4 months for USCIS to adjudicate the applications, thus applicants might be given status only for a few months.
Many foreign nationals worry that registering for DACA or DAPA will make them target of future raids once their status runs out. There is no basis to worry on the basis of previous temporary status applications like Temporary Protected Status or Deferred Enforcement that indicate any prejudice or enforcement against applicants. Thus I strongly suggest that immigrants file for these benefits, DAPA and DACA, if the Supreme Court lifts the injunction since one benefit will remain for some years: a valid drivers license and a social security number.
People who decide to file should consult with an experienced immigration attorney to make sure they qualify for these benefits otherwise they might end up in removal proceedings.
For a comprehensive immigration reform that will enable filing green card petitions, we still need to wait for Congress to pass a law.
At Immigration Solutions our team of attorneys speak more than 15 languages and are all immigrants in the US. Call us at: 617-536-0584 or visit us at www.immsolutionsllc.com