Update on Executive Action and the Fifth Circuit Injunction

In 2014, President Obama announced a series of executive actions that could prevent as many as five million undocumented immigrants in the United States from deportation. These initiatives included:

''DACA'' or Deferred Action for Childhood Arrivals:

Which expanded the number of individuals who may be eligible for the DACA program. See https://cindypaulesq.com/blog/deferred-action-for-childhood-arrivals.

''DAPA'' or Deferred Action for Parents of Americans and Lawful Permanent Residents:

This program allows the parents of U.S. Citizens and lawful permanent residents (LPRs) to request deferred action and employment authorization for three years, provided they have lived in the United States continuously since January 1, 2010; had, on November 20, 2014, a son or daughter who is a U.S. citizen or LPR; and are not an enforcement priority for removal from the U.S; and

Expanded the provisional waiver program by allowing the spouses, sons and daughters of LPRs and the sons and daughters of U.S. citizens to get a waiver if a visa is available. See https://cindypaulesq.com/blog/deferred-action-for-childhood-arrivals.

However, these initiatives have been met with resistance by 26 states, led by Texas. After President Obama announced DAPA, the 26 states sued, arguing that the President exceeded the scope of his authority. As a result, they were granted an injunction in federal court. This means that, as of February 18, 2015, USCIS has not been accepting requests for the expansion of DACA as originally planned, or for DAPA. The court’s temporary injunction, however, will not affect existing DACA applicants.

In response, the U.S. Department of Justice has sought a reversal of the injunction issued by the Texas judge. The premise of this argument is that the temporary hold interfered with the Department of Homeland Security’s ability to protect the U.S. and secure the nation’s s, and that immigration policy falls solely under the control of the federal government and not individual states.

On May 26, 2015, the Fifth Circuit Court of Appeals denied the U.S. Department of Justice’s request to lift the lower court’s injunction against the executive action.

Unfortunately, in the meantime, this means that the lawsuit from the 26 states will proceed, leaving millions of people in suspense until a decision is made.

For more information regarding the Fifth Circuit’s decision, see http://www.ca5.uscourts.gov/opinions/pub/15/15-40238-CV0.pdf.