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+.
The Board of Immigration Appeals has finally given in to the overwhelming weight of the opinions of nine circuit courts of appeals (there are only 12 of them) and accepted the proposition that a permanent resident who received his residence through adjustment of status and was later convicted of an aggravated felony may seek a waiver of inadmissibility under Immigration & Nationality Act sec. 212(h). In Matter of J-H-J-, 26 I.&N.
Yesterday, Star Wars fans celebrated what everyone’s Facebook feed unofficially called “Star Wars Day” and everyone uttered “May the Fourth be with you.” Today, many Americans will be shouting “Feliz Cinco de Mayo” and “Happy Mexican Independence Day” while many others (yours truly) will be exclaiming “Happy historical day that my ancestors defeated the French!” What does that mean? And what exactly do we celebrate on Cinco de Mayo?
In December, the U.S. Senate confirmed Sarah Saldaña to be the first Hispanic woman to lead Immigration & Customs Enforcement. It was an exciting moment in immigration politics. Political paralysis had doomed immigration reform by Congress. The Morton era at ICE had produced record levels of deportation. Young undocumented immigrants forced the President to acknowledge them and enact DACA, which proved wildly successful. In response to the failure of Congress to enact reform, the President announced his executive actions to shield many millions from the threat of removal.
It seems that nothing is going to happen on the Texas judge’s DAPA and DACA injunction until next month at the earliest. The U.S. Court of Appeals for the Fifth Circuit issued a series of orders yesterday that gave an indication of how the court intends to proceed with the Department of Justice’s appeal of Judge Andrew Hanen’s DAPA and DACA injunction, Most importantly, the Court of Appeals set oral arguments on the Department of Justice’s motion to lift the injunction (“stay the stay”) for April 17.
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.
The Texas judge’s decision to enjoin the government from implementing DAPA and extended DACA has brought the administration’s executive action program to a screeching halt just as thousands were getting ready to file for extended DACA today, February 18, 2015. Instead, people are trying to unearth the procedures for seeking a “stay of the stay” at the Fifth Circuit. Media reports have already surfaced that the administration will not seek emergency review of the stay, raising the specter that the entire executive action program will be on hold for many months.
Over the next couple of weeks, Benach Collopy attorneys and staff will be traveling the greater DC area to offer FREE public meetings to discuss the Presidents Executive Reforms to Immigration. These forums are open to the public and provide an opportunity for people to learn the specifics of the reform programs and get the latest updates. Our summary of the executive reforms can be found here.
The President spoke to the nation tonight to reveal his long-awaited plan to reform immigration laws to the extent that his authority allows him. Those who have watched and waited had a number of questions answered even before the President took the lectern. The biggest announcement is that the President will extend deferred action eligibility to the parents of United States citizens or permanent residents who have been in the US.