The Fifth Circuit Court of Appeals in New Orleans ruled today, May 26, 2015, not to stay the suspension of expanded DACA and DAPA. DACA is Deferred Action for Childhood Arrivals. The original DACA, DACA 1, is still in effect. But the expanded version, which was supposed to take effect in February 2015, has been suspended. DAPA is Deferred Action for Parents, and was supposed to take effect May 19, 2015.
Is today’s 5th Circuit opinion the final word on expanded DACA and DAPA?
No, the decision by a three-judge panel of the 5th Circuit today is in response to the federal government’s request that the suspension of expanded DACA and DAPA be lifted while the entire 5th Circuit decides whether to allow the programs to go forward in general. Basically, this was an emergency decision and the long-term decision has not been made yet. Another hearing will take place in July, and a decision from the larger court is expected in the Fall.
Could today’s decision be appealed?
Yes, it is possible the Obama Administration could appeal this decision to the U.S. Supreme Court. We will know more about appeal decisions in the coming weeks.
What should expended DACA and DAPA-qualified people do now?
People who believe they may qualify for expanded DACA or for DAPA should continuing preparing proof of the years they have been present in the United States. It is not possible to get in line to apply yet, so it is not necessary or recommended to pay anyone in connection with an expanded DACA or DAPA application at this time.