DAPA-Eligible Immigrants No Longer Shielded from Deportation

Immigrants residing in the US were eager to take advantage of the programs offered by the president's executive actions.

President Obama's November statement announcing that he would order the federal government to halt deportation proceedings was met with both excitement and consternation. Immigrants residing in the US were eager to take advantage of the programs offered by the president's executive actions. Among these, the president directed federal agencies to halt deportation proceedings for a large number of immigrants.

Meant to bring relief to those facing deportation, the lull before the storm has now subsided and this past week, a federal judge in Texas has decided that at least temporarily, the state will no longer screen out individuals eligible for the Deferred-Action for Parents of Americans and Deferred Action for Childhood Arrivals (DAPA/DACA) requested by the White House. Thus, individuals who are currently detained or facing deportation proceedings will have their day in court. However, it remains to be seen whether or not the judges ruling will impact others who may qualify for these programs.

"These policies were intended to keep families together and prevent separating them by thousands of miles and a border. It's regrettable, but not surprising, that Texas has taken this course of action. This will set a precedent that other states are likely to follow in the current political climate," remarked Ronald Shapiro, an immigration attorney in Chicago.

Whether the exceptions provided for under DAPA/DACA will continue depends on the outcome of a lawsuit that has been filed challenging their legality. Should that suit determine that the president has exceeded his authority by issuing the policies, it is likely that they will spark additional lawsuits across the country. For now, those who are eligible for the 2012 DACA program are unaffected.

"The president's executive actions were intended to shield low-risk undocumented immigrants from deportation. ICE has their hands full processing individuals with felonies and serious misdemeanors, and there is no reason to delay the processing of low-risk immigrants," commented Chicago immigration attorney Ronald Shapiro.

While most lawyers feel that the lawsuits will reach a favorable resolution, it will add a considerable amount of stress to immigrants waiting for their paperwork to be processed. Indeed, it's one more delay and yet one more indication of the reasons the United States needs genuine immigration reform and not patchwork solutions.