Executive Orders Under Review
In 2012 immigrants who arrived in the United States as children found relief from deportation under the new guidelines for the Deferred Action for Childhood Arrivals (DACA) Program. The 2012 guidelines came in the form of an Executive Order by President Obama. Similarly, he implemented the Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) program in 2014. According to United States Immigration and Services (USCIS) approximately 4.9 million individuals are estimated to be eligible for the two programs. However, those individuals are currently unable to apply for either program. According to The Hill the programs are on hold, pursuant to an injunction, since a federal judge in texas ruled some states may possess grounds to challenge the programs. Now the issue is poised to be heard by the United States Supreme Court. The Post and Courier reports that South Carolina is one of twenty-six states challenging the executive orders as unconstitutional. Could I use DACA or DAPA? There is a strong chance you may be one of the 4.9 million individuals who could utilize the programs implemented by president Obama. The USCIS on their website lists the conditions necessary to qualify for either program. What DACA does is grant individuals deferred action from deportation and an employment authorization period. A person can qualify for DACA if:
- They entered the U.S. before turning 16.
- They have lived in the U.S. continuously since January 1, 2010 (previously it was June 15, 2007).
- Are of any age.
- Meet all other DACA guidelines.
- They have lived in the U.S. continuously since January 1, 2010.
- As of November 20, 2014, they had a son or daughter that is a U.S. citizen or lawful permanent resident.
- They are not categorized as an enforcement priority for removal (qualifications for enforcement priorities are listed here).