SUPREME COURT WILL DECIDE THIS SPRING IF THE EXECUTIVE ACTIONS OF DAPA AND THE EXPANSION OF DACA ARE CONSTITUTIONAL.

By Eric Horn

I am pleased to report that the Supreme Court announced that this past Tuesday (January 19) that they will decide the constitutionality of the Executive Actions President Obama announced on November 20, 2014. The two programs are known as DAPA, which is a new program, and an expansion of the existing program DACA, which the President announced in 2012.

DAPA is Deferred Action for Parents of American Citizens and Lawful Permanent Residents. DAPA would apply to persons who were undocumented on November 20, 2014 that entered and have lived here continuously since before January 1, 2010 and have offspring (including adults) who were American Citizens or Lawful Permanent Residents on or before November 20, 2014.

DACA is Deferred Action for Childhood Arrivals, and the proposed expansion would allow people who entered after June 15, 2007 but before January 1, 2010 and who otherwise qualified for the program to enroll.

Though both DAPA and DAPA have additional requirements, most notably criminal and security related requirements, the programs would be expected to provide over five million undocumented persons who temporary status, including a work permit, and the ability to apply for a social security number as well as a drivers license.

If it is found constitutional the Obama administration announced that there would be enough time to allow people to apply for and receive employment authorization before President Obama leaves office. This is significant because none of the Republican candidates for President have pledged to continue the program should they win the election in November. It is expected that the court would hear oral arguments on the case in April. A decision by the Supreme Court would be made by June 2016.

Stay tuned.

Eric Horn is an attorney and the President of Law Office of Eric Horn, P.C. Mr. Horn is a member and past chairman of the Immigration Committee of the Suffolk County Bar Association. Mr. Horn is also an active member of the American Immigration Lawyers Association (AILA). Listen to Mr. Horn answer callers’ questions and discuss immigration and nationality law on 540AM Mondays from12:30pm to 1:30pm. To schedule a consultation in either his Brentwood or Westbury office, please contact (631) 435-7900.