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What’s Going on with the DACA/DAPA Lawsuit?

lawsuit.jpgImmigration policy is complicated enough but it gets even more complicated when a federal lawsuit is involved. So let’s take a minute to rundown what’s actually happening with the DACA lawsuit currently going through the federal court system.

  • Back in November, President Obama announced his long anticipated executive action expanding the DACA program and creating DAPA.
  • Almost immediately after the announcement, a group of 26 states filed a lawsuit in a federal district court to stop the President’s new program from going into effect.
  • In February, a federal district judge issued an injunction that blocked the program from going into effect. The federal government immediately appealed this decision to the United States Court of Appeals.
  • In the meantime, the federal government asked the federal district judge to “stay” his ruling or, in other words, to put his ruling on hold pending an appeal. The government asked for this stay so that it could begin the expanded DACA program while the lawsuit took place.
  • The federal district judge refused to stay his decision. The federal government appealed this decision as well. The Court of Appeals heard oral arguments about why the lower court’s decision should be stayed.
  • Two weeks ago, the 5th Circuit Court of Appeals ruled that the lower court’s ruling not to stay its decision could remain in place while the lawsuit is litigated.
  • What does all this mean? It means that while there is a lawsuit pending, the federal government cannot begin to carry out the President’s new expanded DACA program. No court has decided whether the program is constitutional or not. That trial has yet to begin and it could take some time for that to happen.

    For more information about this lawsuit, be sure to check our blog for updates. If you have any questions of for more information you should contact an experienced immigration attorney.