On June 23, the U.S. Supreme Court issued its tie (4-4) decision in the United States v. Texas litigation. The Court’s split decision means that the preliminary injunction issued by the U.S. District Court in Texas remains in effect and expanded Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parental Accountability (DAPA) remain on hold while the case is returned to the lower court.
In connection with the State of Texas v. U.S. litigation, USCIS began recalling over 2,600 grants of Deferred Action Childhood Arrival (DACA) and work authorization in May 2015. USCIS increased its recall efforts dramatically following a Court Order issued on July 7. CLINIC officially registered its opposition to the recall and any resulting terminations. CLINIC worked closely with affiliates to support, advise, and assist them and their clients to understand and take necessary actions as well as to responsibly spread the word in the community. CLINIC and its affiliate efforts helped result in 99.2 percent compliance with the recall. Of the 22 terminations of status issued, 12 were reinstated.
On Tuesday, May 26, the Fifth Circuit Court of Appeals denied the government’s request for an emergency stay of the injunction issued by a Brownsville judge in February. That injunction stopped implementation of the expanded DACA and the DAPA programs that were already set to begin. The district court found that the plaintiffs – 26 states – had standing to bring the lawsuit and it found that the government had violated the Administrative Procedures Act (APA) in failing to publish regulations before implementing the programs.
Twenty-six states (the “states”) are challenging the government’s Deferred Action for Parents of Americans and Lawful Permanent Residents program (“DAPA”) as violative of the Administrative Procedure Act (“APA”) and the Take Care Clause of the Constitution.
The U.S. Citizenship and Immigration Service (USCIS) had planned to begin accepting applications for the expanded Deferred Action for Childhood Arrivals (DACA) program on February 18, 2015 and for the new Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) program on May 19, 2015. Unfortunately, DHS has delayed the launch of both expanded DACA and DAPA due to a federal court decision temporarily halting their implementation.
On, November 20th, the President announced updates to the DACA process, a new Deferred Action process for parents, and additional immigration executive actions. We are still waiting for more details on how this program will be implemented.