Monday, December 11, 2017
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U.S Supreme Court Struck Down Work Permit For Parents of U.S Citizen Children

supreme1The U.S. Supreme Court on Thursday, June 23, 2016 struck down the proposed Deferred Action for Parental Accountability promulgated through Executive Order by the President on November 20, 2014.

By a 4-4 tie vote, the Supreme Court affirmed the decision of the Court of Appeal which earlier struck down the program. It was a devastating blow to about 5 million immigrants who would have benefited from the program. The immigrant community in the United States is saddened by this development. The decision has led many immigrants seeking available solution to their immigration predicament in view of the pending presidential election the outcome of which cannot be predicted.

Speaking at the White House, Mr. Obama about the decision, President Obama expresed disappointment. According to the President, “Today’s decision is frustrating to those who seek to grow our economy and bring a rationality to our immigration system,… It is heartbreaking for the millions of immigrants who have made their lives here.”


It will be recalled that on November 20, 2014, the President of the United States, through the use of Executive Order proposed the relief called “DAPA” which is Deferred Action for Parental Accountability.

The Deferred Action for Parental Accountability at that time proposed to grant employment authorization valid for 3years to immigrants who met certain requirements.

The number one requirement of DAPA was that the applicant must be a parent of a U.S. citizen or permanent resident alien child, son or daughter.

The number two requirement was that the applicant must have continuously resided in the U.S. since on or before January 1, 2010 which is a period of about 5years.

Unfortunately, the program did not see the light of the day. With the Supreme Court decision, the program is dead on arrival. The current pending general election puts a seal on what President Obama could do to assist the immigrants.

Reacting to the Supreme Court decision, Ken Paxton, the Attorney General of Texas who led a group of 26 states, the President’s Executive Order as an overreach and misuse of executive order “Today’s decision keeps in place what we have maintained from the very start: One person, even a president, cannot unilaterally change the law, … This is a major setback to President Obama’s attempts to expand executive power, and a victory for those who believe in the separation of powers and the rule of law.”

Please note that all hopes is not completely lost concerning obtaining immigration benefits in the United States. The conventional routes of obtaining benefits are still available and from time to time the existing laws are being interpreted in a way that leaves open new avenues through more people could obtain immigration benefits.

All immigrant must note that they can work towards obtaining immigration benefit by seeking help to evaluate available pathway for green card to carefully pursue. It is still possible to obtain green card through marriage, through a U.S. born child or naturalized child who is over the age of 21. There is also the cancellation of removal through the court that could also lead to permanent resident status to mention a few.

The first step is to consult with a qualified immigration attorney to seek counsel. If you need an immigration attorney, Attorney Famuyide is available to help you.

This article is for your information only; it is not a legal advice. If want to apply for immigration benefit or If you have any question, please feel free to contact Attorney Famuyide at 718-647-6767 or send email to This e-mail address is being protected from spambots. You need JavaScript enabled to view it .


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