DAPA and Expanded DACA are Dead (for now) – Fifth Circuit Court of Appeals Rejects President Obama’s Immigration Plan

In a 135-page decision issued on November 9, 2015, the Fifth Circuit Court of Appeals has (unsurprisingly) ruled against President Obama’s immigration plan, which he announced on November 20, 2014, hoping to benefit over 11 million undocumented people in the United States.

Obama announced the DAPA and expanded DACA programs on November 20, 2014 through an Executive Order, which programs would have helped millions of undocumented people come out of the shadows, make themselves known, and apply for deferred action and work permits.

However, the State of Texas and 25 other states sued Obama in federal court, stating that the President did not have the authority to implement immigration actions through an Executive Order.  Federal District Court Judge Andrew Hanen temporarily blocked the program in February 2015, ruling that the states were likely to win their argument that Obama lacked executive authority to carry out the plan without congressional action, or at the least a formal period for public comment. In May 2015, the appeals court panel refused to let the program continue while it considered the appeal.

In a 2-to-1 ruling, the U.S. Court of Appeals for the 5th Circuit in New Orleans has now upheld Judge Hanen’s injunction that blocks the Obama Administration from implementing its ­deferred action program through the Executive Order.

This means for now, DAPA and expanded DAPA programs are dead — at least for now.

This matter is likely to wind up at the U.S. Supreme Court.  It is almost certain that the Obama Administration will ask the Supreme Court to take up this case and make a decision.  Stay tuned for more updates!

Ruchi Thaker

Ruchi Thaker is New York City-based immigration attorney with extensive experience and excellent reputation for effective legal representation in simple and difficult immigration cases. I have experience in areas of deportation defense (criminal and non-criminal), federal court litigation, representation on appeals and motions with the immigration courts and the Board of Immigration Appeals, family-based immigration, asylum, naturalization, and consular processing.
Ruchi Thaker
Posted in DACA, DAPA, Deferred Action, Executive Order, federal court, immigration, Immigration policy, Immigration reform, new law, News.