Bartlett & Weigle Law Blog | Fifth Circuit upholds injunction against DAPA and extended DACA

Fifth Circuit upholds injunction against DAPA and extended DACA

by Administrator30. November 2015 14:36

On November 10, 2015, the Fifth Circuit Court of Appeals, in a 2 to 1 decision, upheld the injunction of federal district court judge in Texas which blocked President Obama's executive order of November 20, 2014, which created Deferred Action for Parental Accountability (DAPA) and expanded eligibility for Deferred Action for Childhood Arrivals (DACA). The Fifth Circuit disagreed with the administration's position and held the programs would impose significant hardship on State governments and that the administration did not show that it would irreparably harmed if the programs were further delayed.

On November 20, 2015, the Obama Administration filed a writ of certiorari with the Supreme Court asking that the highest court consider the Fifth Circuit's decision. The Supreme Court is not obligated to hear an appeal. If the Court grants the writ, the Court would have to rule on DAPA/DACA before June of 2016. Otherwise, any decision from the Supreme Court may be rendered moot by President Obama's successor.  

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