Judge Refuses to Lift Temporary Order Against Expanded DACA and DAPA

Judge Harlan of the Southern District of Texas decided against lifting his order from February, ensuring that the expanded DACA and DAPA programs remain unavailable. In February, the federal judge had blocked those two programs from going into effect, agreeing with plaintiff Texas that the president’s executive actions had not followed the proper procedure.

President Obama’s executive orders on immigration have been controversial, but his administration has argued they are necessary in response to congressional inaction on immigration reform. Immigration reform has been a prime legislative topic for years, but repeated attempts to pass laws have faltered. We have followed the news closely since the anticipation of executive action in the fall of 2014. The executive orders are widespread, covering everything from L-1B visa guidance to National Interest Waivers for entrepreneurs. The orders receiving the most attention and currently in litigation are Expanded DACA and DAPA.

DACA has been instituted as a program since June 2012. Expanded DACA and DAPA were additions to bolster protections for individuals without status who are low priorities for removal. Expanded DACA starts the clock of physical presence and continuous residence from January 1, 2010, allows for three years of work authorization and removal protection, and eliminates the age requirement original DACA has. DAPA is for the parents of US citizens or Permanent Residents and would be a boon for families in which a parent or parents are unauthorized. The clock of physical presence and continuous residence also starts from January 1, 2010 for that program.

The US Court of Appeals for the Fifth Circuit is expected to hear the appeal next week. The mayors of 73 cities and counties, 109 immigration law professors, advocacy groups, 181 members of Congress, 15 states and Washington DC have filed their amici briefs in support of the Department of Justice, which is defending the programs.

We will provide more news next week, as the case develops.