DHS issues a Memo rescinding DAPA (Deferred Action for Parents of Americans and Lawful Permanent Residents)
On June 15, 2017, Department of Homeland Security (DHS) Secretary John F. Kelly signed a memorandum rescinding the November 20, 2014 memorandum that created the program known as Deferred Action for Parents of Americans and Lawful Permanent Residents (“DAPA”). The explanation of rescinding this policy was “because there is no credible path forward to litigate the currently enjoined policy.”
The rescinded memo intended to provide a path for illegal aliens with a U.S. citizen or lawful permanent resident child to be considered for deferred action. To be considered for deferred action, an alien was required to satisfy six criteria:
(1) as of November 20, 2014, be the parent of a U.S. citizen or lawful permanent resident;
(2) have continuously resided here since before January 1, 2010;
(3) have been physically present here on November 20, 2014, and when applying for relief;
(4) have no lawful immigration status on that date;
(5) not fall within the Secretary’s enforcement priorities; and
(6) “present no other factors that, in the exercise of discretion, make [ ] the grant of deferred action inappropriate.”
In his memo, DHS Secretary Kelly reaffirmed that the June 15, 2012 memorandum that created the Deferred Action for Childhood Arrivals (DACA) program will remain in effect.
Contact Claudine Gasana DAPA Lawyer Houston, TX
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