On May 26, 2015, a divided Fifth Circuit Court of Appeals denied the federal government’s request for an emergency
stay of the preliminary injunction that halted the implementation of Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) and an expansion of Deferred Action for Childhood Arrivals (DACA). Therefore, the hold on DAPA and expanded DACA will remain in place at least until the Fifth Circuit decides on the government’s appeal of the preliminary injunction itself. Arguments are scheduled for early July 2015. Meanwhile, the underlying case challenging the constitutionality of President Obama’s executive action that created these deferred action programs is still pending in a District Court in Texas and the case is in the early stages of discovery.
What this all means is that the implementation of DAPA and expanded DACA remains uncertain. We will continue to provide updates here on the blog as the case progresses.
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