DHS Secretary Kelly has rescinded DAPA (Deferred Action for Parents of Americans and Lawful Permanents).  DAPA was meant to 1) provide undocumented parents of U.S. citizens or Green Card holders with a way to remain in the U.S. with work authorization and 2) expand DACA (Deferred Action for Childhood Arrivals) by encompassing a wider range of ages and arrival dates and lengthening the duration of deferred action and work authorization per application from two to three years.  Created by President Obama by an executive order, DAPA was quickly enjoined by the courts as an unacceptable expansion of executive power.  The Obama administration appealed to the Supreme Court, and just one year ago, the lower court ruling was affirmed by default as a result of the Supreme Court deadlocking at 4 to 4. The case has since been stalled.

Secretary Kelly made it clear that his memorandum does not affect DACA’s original terms. DACA recipients will continue to be eligible for two-year extensions.  “DACA recipients who were issued three-year extensions before the district court’s injunction will not be affected, and will be eligible to seek a two-year extension upon their expiration.  No [DACA] work permits will be terminated prior to their current expiration dates.”

This action is consistent with President Trump’s campaign promise to deport people who are in the country illegally. The Secretary noted that the order was rescinded because there “wasn’t a credible path forward” in terms of litigation.  How Justice Gorsuch rules on President’s Trump’s revised travel ban executive order may provide some insight into how the Supreme Court might have ruled on DAPA had the Court had its full complement of justices to consider that executive action.

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Photo of Forrest G. Read IV Forrest G. Read IV

Forrest Read is a Principal in the Raleigh, North Carolina, office of Jackson Lewis P.C. He has extensive experience in both business immigration law and employment law and has particular focus in legal issues in graduate medical education (GME).

Mr. Read’s immigration practice…

Forrest Read is a Principal in the Raleigh, North Carolina, office of Jackson Lewis P.C. He has extensive experience in both business immigration law and employment law and has particular focus in legal issues in graduate medical education (GME).

Mr. Read’s immigration practice focuses on assisting employers in obtaining employment-based nonimmigrant visas (e.g., H-1B, L, O, TN) for foreign national employees and work-related immigrant (green card) visas, including PERM Labor Certifications, and advising employers on compliance with U.S. immigration laws and regulations. He has broad experience in advising large, mid-size and small employers on their various immigration needs and developing strategies to help them navigate through complex immigration issues. He also has particular experience in counseling employers in the health care industry and addressing immigration-related issues that arise for their broad range of health care professional employees (including advising on and obtaining employment authorization for medical residents and fellows and obtaining J-1 visa waivers for foreign national physicians completing their medical training in the United States). His immigration practice also includes defending employers in connection with Department of Labor H-1B and H-2B investigations.

Mr. Read’s employment law experience includes representing management, particularly academic medical centers in the GME context, in a wide array of workplace disputes and litigation before federal and state courts and administrative agencies, including matters related to discrimination, retaliation, harassment, disability, family and medical leave, various wage and hour issues, contracts, and intentional torts. He advises academic medical centers on the interplay between applicable academic law and employment law and the ramifications of what are divergent legal requirements and standards. Mr. Read also provides counsel with respect to the legal impact of competency standards for residents and trainees in GME, including situations involving discipline, remediation, and dismissal. He provides advice and guidance in the peer review process, including provision of verification and assessment of training in response to third party inquiries.

As a member of the Firm’s Corporate Diversity Counseling group, Mr. Read also has experience in providing assessments and making recommendations to corporate and institutional clients with respect to diversity and inclusion policies and initiatives, conducting related internal investigations, and shaping, developing and enforcing effective policies and initiatives to ensure consistency with client values and in furtherance of business goals and objectives.