What just happened in the 5th Circuit? The U.S. Court of Appeals formally upheld Judge Hanen’s injunction prohibiting the administration for implementing DAPA & DACA. The injunction prohibited the administration from implementing DAPA and expanded DACA until the litigation brought by Texas and twenty six other states was resolved. Injunctions are sought to preserve the status quo while the legality or proposed actions is resolved. Judge Hanen ruled that Texas presented evidence of the possible injury if DAPA or DACA went forward and that Texas was likely to succeed in challenging DAPA and expanded DACA.
This post was written by BR’s administrative services manager, Naya Gonzalez. 100 women, 100 miles. Waving banners, singing hymns, pushing strollers and full of hope – that’s how 100 women walked 100 miles from an immigration detention center in York, Pennsylvania all the way to Washington, DC, where they arrived Tuesday night. They were inspired by Pope Francis’s call to justice for immigrants all over the world: “We must respond to the globalization of migration with the globalization of charity and cooperation,” the Pope has said.
The Court of Appeals for the 5th Circuit in a 2-1 decision refused the Obama administration’s request for an emergency stay of Judge Andrew Hanen’s injunction against the President’s deferred action (DAPA and DACA+). This action leaves the stay in place, meaning that the administration remains unable to proceed with DAPA and DACA relief to millions of immigrants. Two judges of the 5th Circuit found that the Obama administration was “unlikely to succeed” in establishing that Texas and the other 25 states lack a sufficient injury, or “standing,” to challenge the President’s actions in creating DAPA and DACA+.
Yesterday, several prominent House Democrats called on the administration to end family detention. Organized by Congresswoman Zoe Lofgren of California, the Democrats decried the Obama administration’s detention of women and children fleeing violence in Central America. From the creating of a truncated form of due process in refugee protection to a novel interpretation of bond eligibility to conditions which have caused serious illnesses in the children being jailed by the administration, the entire experience of the gulag archipelago of detention centers was designed not to follow the law and protect asylum-seekers, but as a means of deterrence to other potential refugees.
Once a year immigration attorneys from all over the country march to Washington, D.C. to meet with their elected officials and to encourage them to take action toward fixing this country’s broken immigration system. The event is organized by the American Immigration Lawyers Association and is appropriately called the National Day of Action. This year, one of the issues we put on the list of things to discuss is family detention.
A victory for the Obama administration in a case related to DACA in the 5th Circuit should give hope to millions waiting for deferred action of DAPA and expanded DACA. The U.S. Court of Appeals for the Fifth Circuit issued a decision in an immigration case today. No, not that case, but close. The Fifth Circuit ruled in another case challenging deferred action called Crane v.
Our March 2015 client of the month is no stranger to readers of BR’s blog. The Immigration Judge’s grant of D-R-‘s residency in February 2015 ended a saga that began in 2009, when the U.S. Citizenship & Immigration Service put her and her brother into removal proceedings. Both had entered as young children to live with their adoptive parents away from the violence and poverty of their home country, Guyana.
It has been a whirlwind month for immigration as this country continues on its indecisive course on immigration law and policy. We try to make sense of the goings-on: What is the status of Judge Hanen’s ruling? As you recall, on February 16, 2015, Judge Andrew Hanen of the U.S. District Court of Brownsville, Texas issued a nationwide injunction stopping the Obama administration from implementing executive action reforms, DAPA and expanded DACA.
Artesia. Karnes. Dilley. Before the administration decided it would be a great idea to lock up Central American women and children fleeing from persecution, these towns were unknown. Artesia was the hometown of our government’s rejuvenation of family detention. The makeshift facility, warmly referred to by Immigration and Customs Enforcement (“ICE”) as the Artesia Family Residential Center, was the hub of so many human rights violations that it was ultimately shut down.
First thing to know about the decision of the Texas judge who decided that DAPA and expanded DACA were illegal- DON’T PANIC! Keep collecting documents. This is a bump in the road, but is by no means final. What happened yesterday? A Texas judge granted a preliminary injunction to 26 states who sued the Obama administration over the executive action program. This has the effect of temporarily suspending the government’s implementation of DAPA and expanded DACA.