U.S. Law Center

An update on the status of DAPA in the U.S. Supreme Court

One of the perils of living in California or elsewhere in the country without the proper documentation is the risk that a family will be separated. When parents are not eligible to apply for or renew a visa, but they have a child who is a legal resident, there is the possibility that they will be deported without their child.

The U.S. Citizenship and Immigration Services explains that the Deferred Action for Parents of Americans and Lawful Permanent Residents program would allow parents who meet certain criteria to live and work in the United States without fear of deportation. In addition to having a child who is a lawful permanent resident or U.S. citizen, they must not have a criminal record, and they must have been in the country since 2010.

According to Reuters, President Obama’s attempt to put the DAPA program in motion through an executive action was blocked by a lawsuit claiming he does not have the authority to do so. This case is currently being reviewed by the U.S. Supreme Court justices.

While the decision is expected before the first of July, it may not necessarily be a straightforward ruling. If the vote results in a tie, the executive action would not go into effect. However, the justices could determine that only some aspects of the plan are legal and should be upheld. On the other hand, they may also rule that Obama is within his rights to use an executive action to enforce DAPA, in which case it would be implemented. 

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