DACA was announced in June 2012. Indeed, with hundreds of thousands of people receiving benefits under the policy, it’s clear the courts won’t let it stop.
DAPA is very different. By the end of 2014, the Republican attorney general machine was firing on all cylinders. Attorney General Abbott challenged the policy in the U.S. District Court for the Southern District of Texas in Brownsville. The brainpower of this case is staggering. Others involved include Andy Oldham (5th Circuit), Jimmy Blacklock (Texas Supreme Court), Brantley Starr (NDTX), Cam Buck (EDTX), Scott Keller, and more I forgot about. The case innovated the “driver’s license” eligibility theory that has formed the basis of numerous immigration non-enforcement challenges. I submitted an amicus brief on behalf of the Cato Institute. (No, Cato will not file such a brief today.)
The DAPA challenge was successful in large part because a preliminary injunction was obtained before anyone could sign up to participate. DACA, by contrast, is still on the books. Even after President Trump attempted to repeal DACA, Chief Justice Roberts imposed some complex tests on reliance interests to ensure that people could retain their deferred action and work authorization.
This brief history brings us to the present. Last week, it was reported that New York Times President Biden is considering a number of new executive actions that would provide a path to citizenship for certain foreign spouses of U.S. citizens. When the media reports that certain policies are being considered, it almost certainly means that the policy will be enacted. In fact, I think this pro-immigration policy will be used to offset the president’s unpopular left-wing asylum policies.
this era This description is provided:
The president will exercise his authority to grant “parole” to undocumented spouses, a title that will allow them to stay in the United States, work legally and obtain permanent residency.
I’ve been looking for a detailed analysis of this policy without success. What will this policy be called? Spousal parole in place –Personal information processing system?
Today, the Wall Street Journal reports that President Biden will announce a spousal policy tomorrow, Tuesday.
President Joe Biden is expected to announce a new immigration plan on Tuesday that would provide a path to citizenship for the country’s hundreds of thousands of illegal immigrants who marry U.S. citizens, according to lawmakers and other people familiar with the matter.
Biden plans to make the announcement at the White House with members of Congress, immigration advocates and U.S. citizens who have been unable to sponsor their spouses for green cards due to arcane immigration rules.
The program has the potential to benefit immigrants who have lived in the country for at least a decade, providing them with work permits, deportation protection, and a path for them to apply for green cards, a pathway to citizenship. An administration official said the application process is expected to open in late summer.
Much like DAPA, this policy will not take effect immediately. There will at least be some application process.
I expect legal challenges from the state of Texas and all the usual suspects. The stand-up theory is the same as the stand-up theory for DACA. If we get input from the OLC, I’ll write it down. I made the same request ten years ago on PBS regarding DAPA. I have a serious case of déjà vu in 2014.
