Fifth Circuit Appeal of Injunction on Immigration Reform Executive Actions Set for Arguments
A three-judge panel of the U.S. Court of Appeals for the Fifth Circuit, in New Orleans, will hear arguments on July 10 as to whether a preliminary injunction on the implementation of President Barack Obama’s Executive Action policies affecting certain foreign nationals should be overturned.
“Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA)” and a policy that would expand the “Deferred Action for Childhood Arrivals (DACA)” were announced by the President in November 2014. Later that month, the Department of Homeland Security announced instructions for implementing DAPA and the expanded DACA.
Texas and 25 other states filed suit to stop these policies from being implemented. Judge Andrew Hansen, of the U.S. District Court Judge for the Southern District of Texas, granted the injunction in February 2015. The Fifth Circuit in May refused the government’s request for a stay of the injunction pending appeal, stating, “Because the government is unlikely to succeed on the merits of its appeal of the injunction, we deny the motion for stay and the request to narrow the scope of the injunction.”
The policies in question would provide a stay of deportation and work authorization opportunities to an estimated 4.3 million foreign nationals in the U.S.