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5th Circuit Court of Appeals Upholds Injunction Against DAPA and Expanded DACA

11 Nov

On November 9, 2015 the U.S. Court of Appeals for the 5th Circuit upheld the temporary injunction for both the expansion of the Deferred Action for Childhood Arrivals (DACA) program and the new Deferred Action for Parents of Americans (DAPA) program that defers removal from the United States and extends employment authorization benefits to qualifying parents of U.S. citizens and lawful permanent residents.

What Does this Mean?

The 5th Circuit Court of Appeals denied the federal government’s appeal of the preliminary injunction on DAPA and DACA executive orders. The decision upholding the injunction was not necessarily surprising; however, this decision paves the way for an appeal to the Supreme Court requesting that the Court lift the injunction. Absent lifting of the injunction by the Supreme Court, the injunction will stand while the parties litigate the ultimate legality of the President’s executive actions under the Administrative Procedures Act.

Additionally, unless and until the injunction is lifted by the Supreme Court or the federal government wins the case on the merits, the long wait continues for DAPA qualifying parents of U.S. citizens and lawful permanent residents to apply for an Employment Authorization Document (EAD). Based on the time frame for decision on any appeal of the injunction, or for a final decision on the merits of the case, the earliest these programs might be implemented would be well into next year. Potential DAPA and expanded DACA applicants may want to consult with an immigration attorney, if they have not already, about their eligibility and documents to obtain should they be able to file their cases in the future.

How Does this Impact Current DACA Benefits?

Current holders of DACA benefits remain eligible for DACA benefits and EAD renewals.

As new details impacting the implementation of DAPA and expanded DACA become available, Foster will provide additional information in future Immigration Updates© and via our firm’s website at To obtain more information, you may also call our firm at 844-30-DREAM (844-303-7326).