On June 15, 2017, the Secretary of Homeland Security announced that it was rescinding the November 20, 2014 memorandum that created the program known as Deferred Action for Parents of Americans and Lawful Permanent Residents (“DAPA”). DAPA provided a path for undocumented parents of children who are U.S. citizens or lawful permanent residents to be considered for deferred action if they met several guidelines. DAPA would have granted these parents deferred action for a period of three years, subject to renewal. They would have also been eligible for work authorization.
The DAPA memorandum was never implemented, however, as prior to its implementation, 26 states challenged the policies established in the DAPA memorandum in the U.S. District Court for the Southern District of Texas. The district court enjoined implementation of the DAPA memorandum, the U.S. Court of Appeals for the Fifth Circuit affirmed the district court’s decision, and the U.S. Supreme Court allowed the district court’s injunction to remain in place.
The now-rescinded DAPA memorandum also expanded from two to three years the work authorization period for recipients under the DACA program. The DACA program, which took effect on June 15, 2012, provides a path certain people who came to the United States as children and meet several guidelines to request consideration of deferred action for a period of two years, subject to renewal. They are also eligible for work authorization. The DACA program remains in effect.
Deferred action is a use of prosecutorial discretion to defer removal action against an individual for a certain period of time. Deferred action does not provide lawful status.