2015 Old Blog

Court of appeals upholds injunction against DACA/DAPA

Posted by kelly.caldwell on Nov 10, 2015 10:30:21 AM

Update: In response to the 5th Circuit Court of Appeals’ decision to uphold the expanded DACA/DAPA injunction, on November 20, the Obama administration appealed to the U.S. Supreme Court. The following Monday, Texas asked the Supreme Court for a 30-day extension to respond to the appeal (a request that has subsequently been filed by 25 other states), but the court granted the states only an eight-day delay. As a result, the justices will determine whether or not to take the case in January — keeping the case on track to be resolved by June, Politico reports.

Yesterday, the 5th Circuit Court of Appeals in New Orleans upheld the injunction on Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parental Accountability (DAPA) in a 2-1 decision. The injunction was originally issued by a Texas federal judge in February, and the programs have been in a holding pattern ever since.

This most recent ruling “further dims prospects of implementation of the executive action before Obama leaves office in 2017,” the AP reports. Although the Justice Department said today that it disagrees with the ruling, and that it will appeal to the Supreme Court, proceedings could take months.

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