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DAPA and Expanded DACA Update

On Behalf of | May 26, 2015 | Immigration Law |

On May 26, 2015, in a split 2-1 decision, the 5th Circuit denied the government’s emergency request for the court to stay the lower court’s injunction on the DAPA and expanded DACA programs.  The lower court had previously issued an injunction on the programs in conjunction with its decision that the government overstepped its bounds by implementing the programs.

An injunction means that the government cannot move forward with the programs while the appeal on whether the programs are lawful is being decided.  The government asked the 5th Circuit to stop (or stay) the injunction so that the programs could proceed while the appeal on the merits of the programs is pending because the appeal is likely to take some time.

This decision by the 5th Circuit does not mean that the programs will not go forward; that decision has not been made yet.  It is merely a decision on the injunction.

The “old” 2012 DACA program remains in effect.  The only programs effected by this decision are the “new”, expanded DACA, for those individuals who were here by 2010 (among other eligibility requirements), and the program for parents of U.S. citizen and/or lawful permanent residents (DAPA).

The Obama administration has decided not to appeal the Stay of the Injunction to the Supreme Court, and just focus on the main appeal.  Oral arguments for the main 5th Circuit court appeal are scheduled for July 6.