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Recently, the 5th Circuit Court of Appeals upheld the injunction for the Deferred Action for Parents (DAPA) program. After the hope given to many undocumented parents of United States Citizens last November through President Obama's announcement of the Deferred Action for Parents (DAPA) Program, this court decision appeared on its face to be a big blow to many parents who are in deportation or removal proceedings.
Those who hinged their only hope of deportation defense on DAPA should know what the sustained injunction really means. First, it does not mean that DAPA has been found unconstitutional or will not ever be implemented. The injunction simply means that U.S. Citizenship and Immigration Services cannot start the program until a final decision by the judge in Texas has been made regarding the legality of the program.
Second, just because there is no official program to officially defer action on deportations or removals does not prevent individuals who are in deportation or removal proceedings from asking for "prosecutorial discretion".
Prosecutorial discretion is a request to the office of Immigration and Customs Enforcement (ICE) to delay or cancel a removal or deportation. ICE often grants requests for prosecutorial discretion for individuals with U.S. citizen children and no criminal record: the same criteria needed to apply for DAPA.
Therefore, if you or someone you know is in immigration proceedings facing a deportation or removal, please do not give up hope. Experienced immigration attorneys will be able to assist you in requesting prosecutorial discretion and explaining to ICE why they should exercise their discretion in your favor.
If you have any questions about the DAPA program or removal proceedings, please contact Grzeca Law Group at (414) 342-3000 or visit our website at www.grzecalaw.com.
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