DACA and DAPA Delayed by Legal Loophole

The Expanded Deferred Action for Childhood Arrivals and Deferred Action for Parental Accountability (DACA and DAPA) have been postponed due to concerns by a Texas court that the federal government did not follow proper procedures for instituting the new executive actions.

The Brownsville federal district court, in a decision written by Judge Hanen, ruled that the executive orders issued by Barack Obama at the end of November 2014 did not leave sufficient time for public examination as well as a slew of other complaints.

Another primary complaint against the executive orders has to do specifically with the state of Texas.

If undocumented immigrants are allowed to get work authorization and deferred action through these programs, they would become eligible for driver’s licenses in the state of Texas. The problem with this is that driver’s licenses are issued at a loss in Texas and if a large population of people suddenly become eligible, the influx of applications may place an undue burden upon the state’s budget.

The Obama administration has said that they will file an appeal on the decision through the Justice Department, but that may take a long time to take effect. A more immediate solution may be for the Justice Department to file an emergency stay, which would allow people to apply for the program at least until the appeal is decided.

The Expanded Deferred Action program was supposed to start on February 18, 2015 and the DAPA program in May of 2015.

The decision made in Texas was part of a set of lawsuits filed by 26 states across the United States to examine the legality and propriety of Obama’s immigration executive orders.

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