On June 15, 2012, the Obama Administration announced a program called Deferred Action for Childhood Arrivals (DACA) that would grant “deferred action status” for undocumented people who entered the U.S. as children. On November 20, 2014, the President expanded the program. The Obama Administration also announced a program called Deferred Action for Parents of Americans (DAPA) that would grant “deferred action status” for undocumented parents of U.S. citizen or LPR children. If your undocumented client is granted DACA or DAPA, she can avoid deportation and get a work permit for 2-3 years. However, criminal convictions bar eligibility. The advisories below provide information on how to avoid triggering the criminal bars and preserve eligibility for DAPA and DACA.

Note: Litigation was brought in early 2015 to stop the expanded DACA and DAPA programs from going forward. However, the general consensus among legal experts is that it will delay but not terminate the programs. Therefore, it is critical that defenders continue to preserve their client’s eligibility to apply for these paths to lawful status.