5/26/15 FIFTH CIRCUIT DAPA DECISION to put hold on DAPA and expanded Daca

What happens next based on the 5/26/15 ruling? I read that Dapa is on hold pending a hearing in the Supreme court. That could happen in July or even later. I read that since we are approaching an election year things get more complicated? What can Dapa parents do? Continue wait? We have problems getting drivers license and employment and with this additional we are in dire straits. We just want an idea of how bad this situation is. We were hopeful until yesterday.


David Leopold's picture

The Republicans have made it their mission to hurt DREAMers and undocumented parents of U.S. citizens and lawful residents. They shopped the country for a judge and found one in Texas they were confident would rule their way and block DAPA and DACA+. This week 2 judges of on the 5th circuit appeals court--both Republican appointees--refused to temporarily lift the hold on DAPA while the full appeal is reviewed by the 5th circuit. A third judge--the only Democratic appointed judge--ruled that DAPA and DACA+ should go forward. There are several important points to understand here. First, this week's ruling was on a motion, not on the final appeal. The result was bad, but the 5th circuit will hear the full appeal on July 10. So the appeal before the 5th circuit court of appeals has not even been heard yet. The Obama administration has committed to fight hard to win the appeal in July. Hopefully when the 5th circuit hears the full appeal they'll do the right thing and let DACA and DAPA go forward. Second, we have to be realisitic about the chance of winning in the 5th circuit. That court is among the most conservative in the country. But if DACA+ and DAPA dont win in the 5th circuit the Obama administration may take the case all the way to the Supreme Court and we will likely win there. Third, even though There are three judges that have ruled against DACA+ and DAPA, it's important to remember that there are 5 judges that have said DACA+ and DAPA are well within the President's authority. These judges include a judge in Washington DC who threw out a similar case against the president's executive actions; 3 judge's in the 5th circuit who threw out a Mississippi's case against DACA and 1 judge this week who disagreed with the 2 other judges and declared that DAPA and DACA+ are legal. So, there is alot to be hopeful about. As for how long it will take, the answer is "I dont know and I wish I did." I think it's best to assume that we wont get a final answer until next Spring. And while it's true that Obama will be close to the end of his presidency, if Hillary Clinton is elected President I and many others are confident she will continue DACA, DACA+ and DAPA and perhaps even more. So, pleaes dont be discouraged. That's exactly what the Republicans want.

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