The process and language around the injunction blocking the expanded DACA & DAPA programs can get confusing. President Obama announced executive action on immigration in November 2014, but expanded DACA and DAPA have been caught in a legal debate ever since. Here are some fast facts for LGBTQ AAPI folks to stay informed!
Arpaio vs. Obama:
- Joe Arpaio, our favorite xenophobic & racist sheriff from Arizona (remember S.B. 1070?) immediately filed a court case against the Obama administration. He claimed that the Executive Action would directly harm him because “criminals would not be deported” under the new law.
- Arpaio lost this challenge.
Texas vs. United States:
- 26 states filed a lawsuit against the United States, claiming that the Obama administration overstepped their constitutional authority with the Executive Action on November 20th.
- The U.S. District Court for the Southern District of Texas issued a preliminary injunction, or temporary block, of the expanded DACA & DAPA programs, pending a trial. This is why these programs have not yet opened for applicants.
- In response the U.S. government asked the Fifth Circuit Court of Appeals, a higher federal court, for an emergency “stay,” or pause, on the injunction during the appeal process. In other words, the Obama administration asked the court to allow expanded DACA & DAPA to proceed while the lawsuit continues. On May 26th, the Fifth Circuit Court of Appeals denied the request for a stay. So for now, the new programs are still not running.
- The U.S. government also appealed the preliminary injunction itself to the Fifth Circuit Court of Appeals, on an expedited basis. A hearing for this appeal will take place on July 10th in New Orleans. This is the next big step in this court case.
- If the Fifth Circuit Court of Appeals rules to uphold the injunction against the Obama Administration, next steps for the U.S. government could include:
- Asking for a review by all 15 judges on the Fifth Circuit Court of Appeals. (Currently, only 3 judges are hearing this case.)
- Appeal the decision of the Fifth Circuit Court of Appeals to the U.S. Supreme Court.
- If the Fifth Circuit Court of Appeals strikes down the preliminary injunction , and rules in the Obama administration’s favor, we expect the expanded programs will finally be open for applicants.
As a reminder: the injunction & court cases are only regarding expanded DACA & DAPA. If you qualified for DACA before Executive Action in November, you should still apply! Contact firstname.lastname@example.org if you have questions or need support.