It is difficult to keep
straight the many legal issues playing out in the litigation between twenty-six
states and the federal government over the legality of President Obama’s DAPA
(Deferred Action for Parental Accountability) and expanded DACA (Deferred
Action for Childhood Arrivals) programs. We are keeping our eyes and ears on
three major issues, outlined here:
1) Motion for Emergency Stay:
The Department of Justice (DOJ) filed an appeal with the 5th Circuit Court of
Appeals asking that the Court allow President Obama’s DAPA and expanded DACA
programs to continue while the underlying litigation plays out. If the Court
grants the emergency stay, DAPA and the DACA extension would take effect while
Judge Hanen considers the legality of the programs and the 5th Circuit
considers DOJ’s appeal of the injunction (which temporarily halted the
implementation of both programs). In its appeal, DOJ asked the Court to decide
whether it will grant the Emergency Stay by March 27.
2) Appeal of the Preliminary Injunction Ordered by Judge Hanen: The Department of Justice also appealed the district court’s
injunction. The injunction blocked the implementation of DAPA and expanded DACA
while the litigation is pending. If the 5th Circuit Court of Appeals rules in
favor of the Department of Justice, DAPA and expanded DACA would take effect.
Importantly, the Motion for Emergency Stay and the Appeal have only to do with
the preliminary injunction (the district court’s decision to block DAPA and
expanded DACA). The actual case remains before Judge Hanen at the district
court level. The Court of Appeals will hopefully rule on the Emergency Stay
before the end of the month; however, don’t expect a ruling on the actual
injunction until June at the earliest.
3) Federal District Court:
Meanwhile, the actual claim brought by the states against the Department of
Justice remains at the U.S. District Court for the Southern District of Texas.
On March 19, the court held a hearing on various issues, including a motion by
the States for early discovery. If the district court ultimately rules against
the DAPA and expanded DACA programs, expect the DOJ to appeal that ruling as
well.
If you have questions
regarding this confusing, multi-faceted litigation and its impact on you and
your family, we encourage you to contact our office to speak with one of our
expert immigration attorneys.
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