5th Circuit Hears DACA/DAPA

The US Court of Appeals for the Fifth Circuit heard the Department of Justice’s appeal of the temporarily blocked expanded DACA and DAPA programs last Friday. A judge for a Texas federal court blocked expanded DACA and DAPA in February, and he blocked requests for lifting the order. The Circuit is expected to deliver a ruling soon. Observers expect a 2-1 ruling on behalf of the State of Texas, who brought the lawsuit against the Department of Justice.

We have been following this case closely over the past two months. We have keenly followed President Obama’s executive actions, which are not meant to be permanent solutions. Congress has lawmaking ability through the separation of powers of Article I of the Constitution. The president has the authority to issue executive orders, which every president has done and every president since Dwight D. Eisenhower has issued executive orders to grant relief to immigrants.

Expanded DACA grants deferred action to a wider range of individuals than the original version of DACA does. DACA is still in effect and can be applied for today. Expanded DACA tacks on a third year and eliminates the age requirement. DAPA is deferred action for parents of US citizen or Permanent Resident children. Neither DAPA nor DACA provide a pathway to citizenship or Green Cards. The underlying goal of US immigration is family reunification and these executive orders support that goal, especially in the absence of legislative enactments. The DREAM Act was first proposed in 2001 and remains on the legislative sidelines.