The Aftermath of US v. Texas. What Now?

With the Supreme Court's split decision, President Obama's DAPA and Expanded DACA will continue to be blocked as it makes its way back to the fifth circuit. Even though DACA and DAPA are temporary measures, it gave some hope that undocumented individuals could have an avenue to lawful presence to work and go to school without the threat of deportation over their heads. However, without DAPA, parents of US citizens will continue to fear deportation as the threat looms. So what are the options available to undocumented individuals without DAPA and the expanded DACA? 

Unfortunately, the options are limited. While congress continues to delay immigration reform, the problem of undocumented immigrants persists. The permanent solution would be comprehensive reform designed to provide a fair and humane solution to undocumented individuals. Perhaps if there are any changes in the circumstances of the undocumented individuals, they can seek legal status through another avenue. For instance, if their US citizen child turns 21, the U.S. citizen child can sponsor the parent. Another change in circumstance is marriage to a U.S. citizen or a permanent resident. This could also be a likely avenue to legal status. However, a majority of individuals won't have a change in circumstances that will allow them to pursue an avenue to legal status. President Obama commented that undocumented individuals who would have qualified for DAPA and expanded DACA would continue to fall under the low enforcement priority for deportation and will remain so as long as the undocumented individuals don't commit certain crimes. This may seem like an assurance. However, there is a clear contradiction in the immigration policy.  Given the recent raids to seek, detain and deport undocumented women and children (many who flee from violence in their Central American countries), this vague enforcement policy is of little comfort. When President Obama was asked if he will do anything more for undocumented immigrants, he stated he did not anticipate additional executive action and must abide by the fifth circuit ruling to block his executive action. Therefore, undocumented immigrants must struggle on, with no way to legally work, with limited education options, and with fear.  And if caught, there is the last line of defense: deportation defense. 

As we fight for immigration reform and a humane solution, undocumented immigrants should not let this set back discourage their progress and hard work. Continue to dream, strive and achieve. Our government, especially congress, can only ignore this elephant in the room for so long.

Disclaimer: The information on this blog is for informational purposes only and is not legal advice nor does it establish an attorney-client relationship.