#IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: AILA President's Response To The Decision by Judge...

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: AILA President's Response To The Decision by Judge...: LAW OFFICES OF NORKA M. SCHELL, LLC 11 Broadway, Suite 615 New York, NY 10004 Tel. (212)564-1589 / (973)621-9300 Website: www...

AILA President's Response To The Decision by Judge Hanen To Temporarily Halt DAPA and the Expansion of DACA

LAW OFFICES OF NORKA M. SCHELL, LLC

11 Broadway, Suite 615

New York, NY 10004

Tel. (212)564-1589 / (973)621-9300

Website: www.lawschell.com

IMMEDIATE RELEASE

February 17, 2015

WASHINGTON, DC -The American Immigration Lawyers Association (AILA) issued the following statement from its President Leslie A. Holman regarding the decision by Texas federal judge Andrew Hanen to grant the request for a temporary injunction against the implementation of President Obama's Deferred Action for Parents of Citizens and Lawful Permanent Residents (DAPA) and the expansion of the Deferred Action for Childhood Arrivals (DACA) initiative.

"Previous statements by Judge Hanen made it clear that he was pre-disposed against favorable exercises of prosecutorial discretion in the immigration context. Today he affirmed that pre-disposition by temporarily enjoining decision-making in the expansion of DACA and the implementation of DAPA.

"Thus, there is nothing surprising in the fact of the injunction. What is surprising, given this judge, is the narrowness of the ruling. His injunction is not based on constitutional grounds; it is based on procedure, finding flaws under the Administrative Procedure Act. It is almost as if he was desperate for a way to block these initiatives and grasped any straw he could.

"AILA fully expects the federal government to immediately appeal this ruling and to request a stay of the injunction throughout the appeal process so that the initiatives aren't stalled. AILA is confident the federal government will ultimately prevail and that DAPA and expanded DACA will be fully implemented.

"In the meantime, AILA recommends that individuals who are potentially eligible for expanded DACA or DAPA begin preparing to apply: they should begin gathering the necessary documentation and seek good counsel to give themselves the best chance for success and to avoid potential problems. Importantly, they must be wary of 'notarios' who offer legal advice without a license that is unethical and fraudulent.

"Also important to note is that those who were granted DACA already are in no way affected by this ruling so they should apply for their DACA renewal as planned. This ruling only delays the start of DAPA and the expansion of DACA.

"I know that despite this ruling we will continue to make the case that our country deserves an immigration system that works - for families, for businesses, and for the entire nation," concluded Ms. Holman.

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: LAW OFFICES OF NORKA M. SCHELL, LLC11 Broadway, S...

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: LAW OFFICES OF NORKA M. SCHELL, LLC
11 Broadway, S...: LAW OFFICES OF NORKA M. SCHELL, LLC 11 Broadway, Suite 615 New York, NY 10004 Tel. (212)564-1589 / (973)621-9300 Website: www.law...

LAW OFFICES OF NORKA M. SCHELL, LLC

11 Broadway, Suite 615

New York, NY 10004

Tel. (212)564-1589 / (973)621-9300

Website: www.lawschell.com

IMMEDIATE RELEASE

February 17, 2015

Statement by Secretary Jeh C. Johnson Concerning the District Court’s Ruling Concerning DAPA and DACA

I strongly disagree with Judge Hanen’s decision to temporarily enjoin implementation of Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) and expanded Deferred Action for Childhood Arrivals (DACA). The Department of Justice will appeal that temporary injunction; in the meantime, we recognize we must comply with it.

Accordingly, the Department of Homeland Security will not begin accepting requests for the expansion of DACA tomorrow, February 18, as originally planned. Until further notice, we will also suspend the plan to accept requests for DAPA.

The Department of Justice, legal scholars, immigration experts and even other courts have said that our actions are well within our legal authority. Our actions will also benefit the economy and promote law enforcement. We fully expect to ultimately prevail in the courts, and we will be prepared to implement DAPA and expanded DACA once we do.

It is important to emphasize what the District Court’s order does not affect.

The Court’s order does not affect the existing DACA. Individuals may continue to come forward and request initial grant of DACA or renewal of DACA pursuant to the guidelines established in 2012.

Nor does the Court’s order affect this Department’s ability to set and implement enforcement priorities. The priorities established in my November 20, 2014 memorandum entitled “Policies for the Apprehension, Detention and Removal of Undocumented Immigrants” remain in full force and effect. Pursuant to those enforcement priorities, we continue to prioritize public safety, national security, and border security. I am pleased that an increasing percentage of removals each year are of those convicted of crimes. I am also pleased that, due in large part to our investments in and prioritization of border security, apprehensions at the southern border – a large indicator of total attempts to cross the border illegally -- are now at the lowest levels in years.