Appeals Court issues decision on DACA/DAPA

Yesterday, May 26, 2015, the appeals court hearing the arguments for the temporary stoppage of the President’s programs announced in November 2014, decided 2 to 1 not to interfere with the stoppage of the programs.

This means the old Deferred Action for Childhood Arrivals (DACA) program announced in 2012 is still good and in use, but the new changes announced last November cannot start. The new programs were a newer version of DACA as well as a new program called Deferred Action for Parental Accountability or Deferred Action for Parents of Americans (either way called “DAPA”).

This is not the end of the President trying to start the programs, but it means it will be another few months at least before anything could change.

I can say I do not agree with the court’s decision from a legal analysis point of view. And you know that I come from immigrants and I love new people in this country, so you know I do not agree with the decision from a political point of view. I wish it were different.

I cannot say whether the programs will ever be implemented or started.

I am a member of the American Immigration Lawyers Association and the President of the organization, Leslie A. Holman, made this statement with which I agree:

“This decision was not surprising, a disappointment, absolutely, but not a surprise. It appeared early on that this particular panel of this particular court was unlikely to grant the stay. Thankfully though, this is far from the last word on the matter.

“What everyone needs to remember is that a final judgment on President Obama’s actions has still not been made. And that looks to be likely months or even years in the future. The denial of this stay just means that the incredibly important initiatives that the President announced last November are still in limbo, as are the lives of millions of parents of U.S. citizen and lawful permanent resident children and young people who grew up American in all but name.

“Those millions deserve a fair chance; they deserve to be free from fear of deportation and destruction of their families, at least for the time it takes Congress to get their act together and pass meaningful immigration reform to benefit our economy and our country as a whole. What a waste of time and resources this lawsuit has been and continues to be.”


If you have any questions regarding immigration, please feel free to call me, immigration attorney Shawn Mesa at (813) 679-5780.

Disclaimer: This information is provided as a public service and not intended to establish an attorney-client relationship. Any reliance on this information is taken at your own risk.


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