Copyright Farhad Sethna, Attorney, 2014
Is a “SUPER-DACA” (my term, not a legal phrase!) in the works?
This is breaking news as of November 14, 2014: it was leaked yesterday while President Obama is still overseas in Asia, attending a summit of leaders in Brisbane, Australia, before returning to the USA on Sunday, November 16, 2014.
It is said that President Obama will expand his prior executive order granting “Deferred Action” which allowed children brought illegally into the USA or who entered legally but later fell “out of status” to immediate family members of DACA children. The details of this “SUPER-DACA”, are not clear, but such an executive order may affect at least 2-3 million people, if estimates are accurate.
It should be no surprise that even the rumor of such an order has already come in for criticism by the Republican party, including Cuban-American senator Ted Cruz.
The order will contain safeguards such as were included in DACA. Under DACA, aliens who had a criminal history, especially those found guilty of any felonies or three or more misdemeanors, or a DUI were denied DACA status. It is expected that SUPER-DACA will contain at least these safeguards, if not more.
Immigration authorities are instead instructed to instead focus their efforts and resources on intercepting violent criminals such as gangs, drug traffickers, and violent felons.
In an effort to be fair and balanced, it is expected that the executive order will also include provisions for increased enforcement along the southern border.
This is a courageous – though skeptics would probably call it desperate – step indeed, given that the Democratic Party lost control of the Senate in the mid-term elections last week, and that President Obama has no legislative ability to enact any form of immigration reform during the last two years of his presidency.
Stay tuned for more on “SUPER-DACA” in the days to come.
© Farhad Sethna, Attorney, 2014
About the author:
Attorney Farhad Sethna has practiced law for over 20 years. Since 1996, he has been an adjunct professor of Immigration Law at the University of Akron, School of Law, in Akron, Ohio. He is a frequent speaker at Continuing Legal Education and professional development seminars on various immigration-related topics. His practice is limited to immigration and small business. With offices in Cuyahoga Falls, Akron and Dover, Ohio, Attorney Sethna represents clients in all types of immigration cases. Our number is: (330)-384-8000. Please send your general immigration questions to AttorneySethna@immigration-america.com. We will try to answer as many questions as possible.
IMPORTANT: This is only general legal information. Please consult a qualified immigration attorney for advice on your specific case.
FOR ADDITIONAL INFORMATION PLEASE VISIT www.immigration-america.com