Although today was the date that the Department of Homeland Security (DHS) planned to begin accepting requests under the expanded DACA and new DAPA programs, DHS issued a statement saying that they are not accepting requests for deferred action under the new programs until further notice.
As explained by DHS Secretary Jeh C. Johnson in a statement released on February 17, 2015, a federal court issued a preliminary injunction that prevents DHS from accepting applications from immigrants who would have qualified under the expanded Deferred Action for Childhood Arrivals (known as “expanded DACA”). The expanded DACA program requirements are explained in the Memo “Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children and with Respect to Certain Individuals Who Are the Parents of U.S. Citizens or Permanent Residents” The injunction also suspends acceptance of requests for Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA).
The court’s injunction does not affect existing DACA recipients (granted according to the guidelines that were established in 2012 in the memo entitled “Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children , so those who already have DACA and need to renew may proceed with their renewal requests.
Secretary Johnson explains in his statement that the Department of Justice plans to appeal the injunction. If and when DHS prevails, the expanded DACA and the new DAPA programs will continue as previously planned and requests will be accepted.