If you like soap operas (or telenovelas) you might enjoy the daily drama of litigation regarding Deferred Action. Back in December 2014, we posted about efforts by some to challenge the Obama Administration’s deferred action programs for certain undocumented youth and parents. While the lawsuit by Sheriff Arpaio was dismissed, opponents of deferred action sought a federal judge likely to agree with them. They found Federal District Judge Judge Hanen in Brownsville, Texas, who was on record as opposing any efforts at prosecutorial discretion when it comes to immigrants.
Temporary injunction
As expected, on February 16, 2015, Judge Hanen granted a temporary injunction against the expansion of Deferred Action for Childhood Arrivals (DACA) and implementation of the new Deferred Action for Parents (DAPA) program. The injunction came just two days before DACA expansion was going to take effect. The following day, the Department of Homeland Security issued a statement disagreeing with Judge Hanen’s order but announcing their compliance with it.
What is the practical effect of the injunction?
For now, the injunction means that DACA is not expanded to people who arrived in the U.S. between June 15, 2007 and January 1, 2010, and is not expanded to people who were born before June 15, 1981. The work authorization documents issued by the immigration service will be valid for two years rather than the three years announced by President Obama in November. The injunction halts implementation of DAPA, which was planned for May this year.
Motion for Emergency Stay of the Injunction
On February 20, 2015, the Department of Justice announced it would seek an emergency stay of the temporary injunction. The Department of Justice actually filed the motion for a stay on February 23, 2015. The federal government argues they are likely to win on appeal and will be forever harmed by the nationwide injunction if it is allowed to stand. In the alternative, the federal government asks for the injunction to be stayed as to all states except Texas, the lead state in the deferred action lawsuit.