Why DAPA Will Take a While to Launch
23
Nov
1
Many people are asking why the White House is estimating six months before DAPA cases (the parent deferred action applications) will be accepted. After all, the DACA program for 2012 is a template and it should be fairly straightforward to design the new program.
But what many are not appreciating is that USCIS adjudicates about four million applications per year for every type of application it works across the entire agency. DAPA and the expanded DACA will add millions of new applications to the workload.
DACA required 900 new employees and DAPA is expected to be six to eight times larger. USCIS will need to ramp up in a way it has never been asked for this new program.
Hopefully, USCIS will pass this test.
Partner at Siskind Susser, PC - Immigration Lawyers
Greg Siskind is a partner with Siskind Susser, PC - Immigration Lawyers. After graduating from Vanderbilt University, he received his law degree at the University of Chicago. He created the first immigration law web site in 1994 and the first law blog in 1997. He's written four books and currently serves on the board of governors of the American Immigration Lawyers Association. He can be reached by email at gsiskind@visalaw.com.
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One comment
So far President Obama hasn’t issued an Executive Order:
http://www.whitehouse.gov/briefing-room/presidential-actions/executive-orders
On the contrary, he’s only talking about an “Executive Action” on immigration (paradoxically, there is not even a legal definition for such term). Viewed from a legal perspective, immigration directives issued by DHS (i.e. Johnson memos) apparently cannot be reviewed by the courts:
“Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children and with Respect to Certain Individuals Who Are the Parents of U.S. Citizens or Permanent Residents”
http://www.dhs.gov/sites/default/files/publications/14_1120_memo_deferred_action.pdf
Therefore, certain undocumented aliens should be able to start registering with DHS around February 20th, 2015 (for expanded DACA) and May 20th, 2015 (for parents of US citizens or LPR). As stated in the past, immigration is not a civil affair per se, instead it is governed by Admiralty Law – registration of aliens.
Willful ignorance displayed by members of Congress while dealing with the immigration issue is an irrefutable evidence of constituents’ apathy (specifically those who are fervidly opposed to any sort of temporary relief granted by the Executive Branch to certain unlawfully present immigrants) and excoriating the current President on immigration is not going to elevate their brutish status.
Perhaps these “pseudo mathematical expressions” may help:
Executive Order = Legal definition
Executive Order ≠ Executive Action
Executive Action ≠ Legal definition
Executive Action = DHS memorandum
DHS memorandum > Judicial review
Judicial review = Legal definition
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