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Legal Scholars: DAPA Could Be Broader

December 05, 2014 (1 min read)

"We write as law professors with particular expertise in the interaction of executive action and immigration law to clarify that there is no legal requirement that the executive branch limit deferred action or any other exercise of prosecutorial discretion to individuals whose dependents are lawfully present in the United States.  Indeed, no legal principle requires that beneficiaries have any dependents at all, as DACA itself and the other examples provided in this letter illustrate.  In this letter, we take no position on which individuals the Administration should include in any future prosecutorial discretion program.  We do, however, seek to make clear that any conditions for a familial status, such as a requirement that an individual have a dependent with lawful immigration status – and more generally any other criteria for deferred action or other exercises of prosecutorial discretion – are policy choices, not legal constraints." - Shoba Sivaprasad Wadhia, Stephen H. Legomsky, Hiroshi Motomura, Michael A. Olivas, Nov. 3, 2014.