Executive Action on Immigration Stymied but not Dead Executive Action on Immigration Stymied but not Dead

Executive Action on Immigration Stymied but not Dead

A U.S. District Court Judge in Texas has granted a temporary injunction on a discrete portion of the President's Executive Action on immigration. In turn, the Administration has filed for an emergency stay and appeal seeking continuation of the President's expansion of the Deferred Action for Childhood Arrivals program which was initially rolled out in 2012. The expedited motion seeks a stay of the injunction in its entirety, or alternatively, a stay of the injunction outside the state of Texas. The injunction does not affect the original DACA program (or renewals under that program) nor does it affect other portions of the President's Executive Action. Until a ruling on the Obama administration's appeal, the government will not accept new applications under the expanded DACA program which was set to begin February 18th. The coalition of 26 states seeking the injunction established sufficient standing to bring their lawsuit based on the anticipated expenses associated with issuance of driver's licenses to undocumented immigrants in Texas. The crux of the injunction and the appeal will be whether the President's Executive Action rises to the level of formal rulemaking which requires specific notice and comment periods under the Administration Procedures Act or whether it is a mere articulation of agency discretion on enforcement priorities. Meanwhile, Congress is quickly approaching a stalemate on funding for the Department of Homeland Security which, ironically, provides funding for border security, TSA, Secret Service and FEMA. For more information regarding the President's Executive Action on immigration see our previous article here.

Please contact Jenifer M. Brown or another member of the immigration practice with questions.
View Full Site View Mobile Optimized