The Obama administration announced a program in late 2014 that would allow many undocumented immigrants to remain in the country if they are parents of U.S. citizens or lawful permanent residents (LPRs). The Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) program has never taken effect, due to a lawsuit by multiple state governors challenging the White House’s authority to establish such a program. In late June 2016, DAPA suffered a major setback in the Supreme Court, from which it might not recover. The court’s eight justices split evenly on the case, meaning that the lower court decisions blocking the program are affirmed by default. United States v. Texas, 579 U.S. ___ (2016).
The Deferred Action for Childhood Arrivals (DACA) program, first implemented by the White House in 2012, allows undocumented immigrants who entered the U.S. as children, and who meet certain other criteria, to remain in the U.S. and obtain work authorization for two years, subject to renewals by the administration. Contrary to much of the opposing rhetoric, DACA does not confer lawful immigrant status on its beneficiaries. Instead, it is an agreement by the Department of Homeland Security (DHS) to defer the enforcement of immigration laws for a specified period of time. Work authorization is certainly a benefit, but it is one that is within the Executive Branch’s authority to grant. DACA is not comparable to the status conferred by a visa or green card.
DAPA would have extended similar deferrals to undocumented parents of citizens and LPRs who meet the program criteria. About 3.6 million people, out of an estimated 11 million total undocumented immigrants living in the U.S., might have been eligible for DAPA. The majority of people believed to be DAPA-eligible have lived in the U.S. for at least 10 years.