Monday, November 16, 2015

Obama Administration to seek Supreme Court Review of Immigration Plan

The Justice Department has indicated that it intends to appeal the Circuit Court's decision to uphold the temporary injunction halting the implementation of President Obama's expanded deferred action immigration plans to the U.S. Supreme Court.

On November 9, 2015 the Fifth Circuit Court of Appeals upheld the preliminary injunction that had been issued by the U.S. District Court for the Southern District of Texas in Texas v. United States. That injunction temporarily halts the implementation of the Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) and the expansion of Deferred Action for Childhood Arrivals (DACA). By a 2-1 decision the three-judge panel found that President Obama's Immigration Accountability Executive Action, which sought to provide wide-reaching relief to millions of undocumented persons, was likely to lose on the merits, based on violations of the Administrative Procedure Act.

National attention had focused on President's plan to provide temporary deferred action for the parents of U.S. citizens and permanent residents (DAPA). The president also removed the age restrictions for the Deferred Action for Childhood Arrivals (DACA) program.  Both the DACA and DAPA programs' theoretical basis depended on the President's authority to exercise discretion in the prosecution and enforcement of immigration cases.