DAPA/DACA Expansion - Dead for 2015?

3 years ago


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Dear John,
 
 
 
 

July 6, 2015


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DAPA/DACA Expansion - Dead for 2015?



Oral Arguments in Texas v. US are scheduled to take place before the U.S. Court of Appeals for the 5th Circuit in New Orleans on July 10. This is the case where Texas and 25 other states sued the Administration to stop the implementation of both the Deferred Action for Parental Accountability (DAPA) program and the expansion of the Deferred Action for Childhood Arrivals (DACA) program.



These programs were both announced by President Obama on November 20, 2014. The DAPA program would have allowed millions of undocumented parents of US citizens to apply for work permits and be shielded from deportation. The DACA expansion program would have abolished the maximum age limitation on DACA applicants and removed other restrictions from the 2012 program.



The DACA expansion program was supposed to have gone into effect February 2015 and DAPA registration would have started 3 months later.



However, a lawsuit was filed in Federal Court to stop both programs from going into effect.



On February 16, 2015, US District Court Judge Andrew Hanen issued a preliminary injunction halting both programs.


 
 


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DAPA/DACA Expansion - Dead for 2015?



The Obama Administration then asked the US Court of Appeals for the 5th Circuit in New Orleans to overturn the injunction.



On May 26, in a 2-1 decision, Judge Jerry Smith, joined by Judge Jennifer Elrod, ruled that the injunction would remain in place because the administration was “unlikely to succeed on the merits of its appeal."



Soon thereafter, it was announced that the 5th Circuit would schedule oral arguments on the merits of the case on July 10. It was hoped by many immigrant rights advocates that a new panel of 3 judges might view the Administration’s position more favorably than the panel which had refused to lift the injunction on May 26.



However, on June 23, the 5th Circuit announced that the 3-judge panel would include Judges Smith and Elrod.



So, it is all but certain that the panel will rule against the Administration thus ending any hopes that the new DAPA/DACA programs would go into effect in 2015.



Instead, it can be expected that the 5th Circuit will rule against the Administration. There will be an appeal to the Supreme Court which will decide the case sometime in 2016.



Law Offices of Carl Shusterman
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Disclaimer: This newsletter is not intended to establish an attorney-client relationship. All information contained in this newsletter is generalized. Any reliance on information contained herein is taken at your own risk.


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