Appeals Court upholds denial of DAPA

The decision below takes away another hope from the millions who were waiting on Deferred Action for Parents Arrivals. A law from the Obama administration which would have legalized millions of parents of US citizens. This is another sad day for immigration.

“The United States1 appeals a preliminary injunction, pending trial, forbiddingimplementation of the Deferred Action for Parents of Americans andLawful Permanent Residents program (“DAPA”). Twenty-six states (the “states”2) challenged DAPA under the Administrative Procedure Act (“APA”) and the Take Care Clause of the Constitution;3 in an impressive and thorough Memorandum Opinion and Order issued February 16, 2015, the district court enjoined the program on the ground that the states are likely to succeed on their claim that DAPA is subject to the APA’s procedural requirements. Texas v. United States, 86 F. Supp. 3d 591, 677 (S.D. Tex. 2015).4 The government appealed and moved to stay the injunction pending resolution of the merits. After extensive briefing and more than two hours of oral argument, a motions panel denied the stay after determining that the appeal was unlikely to succeed on its merits. Texas v. United States, 787 F.3d 733, 743 (5th Cir. 2015). Reviewing the district court’s order for abuse of discretion, we affirm the preliminary injunction because the states have standing;they have established a substantial likelihood of success on the merits of theirprocedural and substantive APA claims; and they have satisfied the other elements required for an injunction.5”

Read The Full DAPA case -15-40238-CV0