President Obama’s executive order on immigration has been halted by a federal judge in Texas. U.S. District Judge Andrew Hanen granted a temporary injunction to allow the government, and the 26 states challenging the President’s executive order issued in November of last year, time to prepare and present arguments to the court on the merits.
What does this mean? Two key components of the President’s executive action on immigration included expanding the Deferred Action for Childhood Arrivals (DACA) program and creating a new program for parents of U.S. citizens or lawful permanent resident children called DAPA, or Deferred Action for Parents of Americans and Lawful Permanent Residents. Those have been halted, or enjoined, by District Judge Hanen until the courts hear arguments on the legal issues and rule accordingly.
The Obama administration will likely appeal the decision to the U.S. Court of Appeals for the 5th Circuit, but this is a serious road block to implementation of DACA. Tomorrow (February 18th), U.S. Citizenship and Immigration Services was to begin accepting applications under the expanded DACA program, which would grant certain individuals unlawfully present a work permit if they meet the eligibility criteria. The DAPA program was not expected to go into effect until May of this year, but that too is now in jeopardy. Both programs are intended to grant individuals unlawfully present in the United States with work permits and lawful status in the United States, although not actually granting them any other benefit or right to remain permanently. DACA and DAPA are both temporary programs that would essentially defer one’s deportation or removal from the United States hence use of the words “Deferred Action” program’s titles.
See Texas v. United States, Case No. 1:14-cv-00254 (2/16/2015) — click here for the Memorandum Opinion and Order
The Copy of the Order of Temporary Injunction enjoins the Department of Homeland Security “from implementing any and all aspects or phases of” an expanded DACA and the new DAPA.