Injunction Prevents Implementation of Deferred Action Initiatives

Federal District Court Judge Andrew Hanen issued an injunction late Monday evening, February 16, 2015, temporarily blocking President Obama’s deferred action initiatives which were announced on November 20, 2014. Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) and an expansion of Deferred Action for Children Arrivals (DACA) (changing the date of entry requirements, removing the age cap, and expanding the program from two to three years) are based on the established authority of the President and others in the executive branch to prioritize enforcement resources to focus on those who pose a danger to the United States. The practical effect of the judge’s order bars USCIS from implementation of any and all aspects of the new deferred action initiatives.

As a result of the judge’s order, USCIS will not accept applications for the three-year expanded DACA as planned on February 18, 2015. Individuals who are applying for DACA or seeking an extension of already granted DACA can still apply for the two-year grant.

Implementation of DAPA is scheduled to begin in May of this year. However, if the judge’s injunction is not overturned by that time, implementation of that particular program will be delayed.

Yesterday’s decision is one of the first of many steps in what will likely be a protracted legal battle regarding the President’s legitimate exercise of his executive authority. The Department of Justice – which is defending the President’s authority in the federal district court – will appeal the decision to the Court of Appeals for the Fifth Circuit. Department of Homeland Security Secretary Jeh Johnson has indicated his belief that the Administration will ultimately prevail in the litigation. The judge’s decision falls outside the legal mainstream and legal experts on both sides of the ideological divide agree that the President can do what he did. We are confident that the higher courts will also agree.

For more information on DACA and DAPA eligibility, please visit the USCIS website . For more on the legal challenges to these programs, visit the website of the American Immigration Council.