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Deferred Action, Supervised Enforcement Discretion, and the Litigation Over Administrative Action on Immigration
Journal article   Open access

Deferred Action, Supervised Enforcement Discretion, and the Litigation Over Administrative Action on Immigration

Anil Kalhan
UCLA Law Review
22 Jul 2015
url
https://www.uclalawreview.org/deferred-action-supervised-enforcement-discretion-rule-law-basis-executive-action-immigration/View
Published, Version of Record (VoR)Open Access (License Unspecified) Open

Abstract

In November 2014, the Obama administration announced the Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) initiative, which built upon a program instituted two years earlier, the Deferred Action for Childhood Arrivals (DACA) initiative. As mechanisms to channel the government’s scarce resources toward its enforcement priorities more efficiently and effectively, both DACA and DAPA permit certain individuals falling outside those priorities to seek “deferred action,” which provides its recipients with time-limited, nonbinding, and revocable notification that officials have exercised prosecutorial discretion to deprioritize their removal. While deferred action thereby facilitates a highly tenuous form of quasi-legal recognition for its recipients, it does not provide legal immigration status. Accordingly, the two initiatives are not an equivalent substitute for legislative reform proposals that would create a pathway to durable legal status for a much larger number of individuals.

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