Deferred action is a temporary protection from deportation. Through it, a person is authorized to remain in the United States temporarily and to receive employment authorization. A grant of deferred action does not provide a path to lawful permanent resident status or U.S. citizenship.
PLEASE NOTE: A court order on February 16, 2014, has temporarily halted the implementation of President Obama’s expanded Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parental Accountability (DAPA) programs. Although the decision was appealed by the U.S. Justice Department, the 5th U.S. Circuit Court of Appeals ruled against the Obama Administration on May 26, 2015. This means that the decision to stop the implementation of the executive action stands for now.
Who is eligible?
- An undocumented individual living in the United States who, on the date of the announcement, is the parent of a U.S. citizen or lawful permanent resident and who meets the guidelines listed below.
- Allows parents to request deferred action and employment authorization if they:
- Have, as of November 20, 2014, a son or daughter of any age, who is a U.S. citizen or lawful permanent resident;
- Have continuously resided in the United States since before January 1, 2010;
- Are physically present in the United States on November 20, 2014, and at the time of making a DAPA request;
- Have no lawful status on November 20, 2014;
- Are not an enforcement priority, defined as: people suspected of terrorism, gang associations, or visa abusers, unlawful border crossers, and people convicted of felonies, aggravated felonies, significant misdemeanors, or three or more misdemeanors
- Present no other factors that would cause USCIS to deny the request in its exercise of discretion.
The DAPA process shall be available to people with final orders of removal who meet the above criteria. Applicants must pay a $465 filing fee and submit to biometrics. As with DACA, there will be a very limited fee exemption and no fee waivers. Those who receive deferred action under the DAPA program will receive employment authorization for a three-year period..
- Please refer to this document summarizing the Administrative Relief, including DAPA, distributed by Marcus Tang, Esq., our previous legal fellow: Administrative Relief Summary.docx (downloadable file)
- More information can also be found on the USCIS website.
- Information on status of DAPA can be found on the CitizenPath website.