Obama Administration Appeals 5th Circuit Block of DAPA and Expanded DACA

The US Department of Justice announced recently that it would ask the Supreme Court to overrule the Fifth Circuit Court of Appeals’ decision in Texas v. US, which blocked president Obama’s DAPA (Deferred Action for Parents of Americans) and DACA expansion (Deferred Action for Childhood Arrivals).  Both DAPA and expanded DACA provide temporary relief from deportation for qualifying individuals, also referred to as “deferred action.”  In  Texas v. US , the state of Texas argued that it should be allowed to block these deferred action programs because Texas would suffer financial injury since it provides these immigrants with drivers licenses under Texas law, if they are not deported.  You can read details about the effect of the Texas v. US decision in our previous Labor Law Update here http://www.unioncounsel.net/developments/immigration/news/texas_court_blocks_president_executive.html 
For the time being and until the Supreme Court decides to overturn the Fifth Circuit, these programs will continue to be blocked.  However, individuals who were eligible for relief under the original 2012 DACA program can still apply for that relief. 

By Xochitl A. Lopez | November 25, 2015

Legal Developments