DACA/DAPA remains in holding pattern

From National Immigration Law Center:

On May 26, 2015, a divided panel of the Fifth Circuit Court of Appeals denied the federal government’s request for an emergency stay of the Texas federal district court’s decision (or preliminary injunction) that blocked DAPA (Deferred Action for Parents of Americans and Lawful Permanent Residents) and “expanded” DACA (Deferred Action for Childhood Arrivals) from being implemented. The circuit court’s decision leaves in place, for now, the February nationwide injunction of the two major immigration actions announced by President Obama last November. When implemented, DAPA and expanded DACA will allow millions of immigrants to come forward and apply for work authorization and protection from deportation.

This decision applies only to the request for an emergency stay while the federal government’s appeal of the district court’s decision moves forward. It is not the Fifth Circuit’s final ruling on whether the district court was correct in granting the preliminary injunction and blocking the immigration actions nationwide. While two of the three judges on the Fifth Circuit panel voted to deny the stay, one of the judges disagreed and authored a powerful dissent outlining why the order blocking the president’s immigration actions is legally and factually unsound and why the emergency stay should have been granted.