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.
Despite the wreckage that is the Washington Nationals baseball season, everyone can agree that Nationals General Manager Mike Rizzo pulled off an enormous coup when he signed Max Scherzer. Everywhere, we are reminded that BR pulled off a steal when we landed Patrick Taurel. Not a week goes by when someone does not say, “You got Patrick!” And it is true: we got Patrick and he has been every bit the ace we expected him to be.
Much of the world rejoiced yesterday upon seeing the photos of Caitlyn Jenner’s exquisite transformation on the cover of the June issue of Vanity Fair. Much of the commentary I saw focused not so much on her physical appearance, but how she looked at peace and contented to be herself. As an immigration lawyer who has represented many trans asylum seekers, I know and have seen that look.
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+.
Oral arguments in federal court generate lots of light, but very little heat. One thing every appellate lawyer knows is not to predict the outcome of a case based upon oral arguments. The better legal reporters also understand that. Unfortunately, that maxim was not in display in the reporting surrounding the argument on April 17 in the U.S. Court of Appeals for the Fifth Circuit over the government’s motion to lift Judge Andrew Hanen’s DAPA and DACA injunction.
Don’t be too alarmed by news that Judge Hanen refused to lift his stay on DAPA and expanded DACA. Headlines today blaze that the “Judge” has ruled again the administration. With the interest in the appeal of Judge Hanen’s injunction now (and still) pending before the 5th Circuit Court of Appeals, there can be no doubt that the headlines have caused confusion and consternation rather than clarity.
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.
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.
While the junior senator from Texas dominates the news, we remain more concerned about what is happening in a court house in Texas and another in New Orleans– the U.S. District Court in Harlingen where Judge Andrews Hanen sits and the U.S. Court of Appeals for the Fifth Circuit which must hear the Department of Justice’s emergency appeal of Judge Hanen’s injunction against DAPA and expanded DACA.