After protests from undocumented immigrants around the country – including a nine day fasting protest in front of a federal court house in New Orleans – who were demanding a ruling on a Texas court’s injunction against President Obama’s executive action to provide deportation relief, the Fifth Circuit has finally made its decision. And it is not one the millions of undocumented immigrants in the United States wanted to hear. The United States District Court’s preliminary injunction has been upheld.
The appeals court’s affirmance of the preliminary injunction certainly comes as a great disappointment to many, including hopeful parents of lawful permanent residents and U.S. citizens, as well as those frustrated by Congress’s delays and lack of action on passing comprehensive immigration reform. This decision does not come as a huge surprise to many legislators and legal professionals, however, as two of the three judges sitting on the appeals panel were Republican appointees who many perceive as unsympathetic to President Obama and his programs.
As things stand, millions of undocumented immigrants who would have been eligible for deportation relief under Obama's plan face an uncertain future.
Supreme Court Silver Lining
The Fifth Circuit held that the states that are challenging President Obama's Expanded DACA and DAPA programs -- Deferred Action for Childhood Arrivals and Deferred Action for Parental Accountability, respectively -- had standing to sue because they would incur financial costs in having to process millions of applications for drivers licenses if the programs were implemented. The Fifth Circuit also held that the states were likely to succeed on their claim that the Government's Expanded DACA and DAPA programs did not satisfy the Administrative Procedures Act (APA). The Fifth Circuit went even farther than the United States District Court, however, in holding that federal law does not support these programs.
The Obama Administration has requested the United States Supreme Court to review the case. If the Supreme Court agrees to grant certiorari, then the matter may come before it next summer. A reversal would mean that the Government may have just enough time to begin implementing its Expanded DACA and DAPA initiatives before President Obama leaves office.
Do you have more questions about this ongoing story and how it pertains to your own immigration law case? Are you worried that you or a loved one will be forced out of the country soon? At the Law Office of Timothy D. Widman, our San Jose immigration attorney can help you! Call 408.780.1684 and schedule a confidential case evaluation today.