A Federal Judge Stops President Obama’s New Immigration Actions

February 21, 2015 1:12 pm
by David Jakeman

DAPA Faces Challenges

On February 16, 2015, a federal judge in Texas opposed President Obama’s recent immigration actions to expand Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parental Accountability (DAPA). Judge Andrew S. Hanen, of Federal District Court for the Southern District of Texas, in Brownsville, ruled in favor of Texas and 25 other states that had challenged Mr. Obama’s immigration actions. The judge said that the administration’s programs would impose major burdens on states, unleashing illegal immigration and straining state budgets, and that the administration had not followed required procedures for changing federal rules.

The result is an injunction, stopping the DHS and USCIS from accepting expanded DACA applications and DAPA applications.

DAPA applications were expected to be accepted in mid-to-late May 2015 according to USCIS. However, with the recent ruling, that date is now uncertain. As certainty mounts, many parties still have faith that DAPA is still on track, including the President.

Mr. Obama vowed at a news conference this week to appeal the court ruling and expressed confidence that he would prevail in the legal battle to defend his signature domestic policy achievement. “The law is on our side, and history is on our side,” he declared.

Melissa Crow, Legal Director at the American Immigration Council states:
“Already, the White House has promised that the Justice Department will appeal the judge’s decision, and we urge them to do so in an expedited manner. We expect higher courts to overturn the judge’s decision based on well-established precedent.”

Mrs. Crow points out that the decision is not a Constitutional issue as many people believe, but rather a violation of the Administrative Procedure Act (APA) because the President created a new regulation which constituted a new rule and the government failed to give a notice and comment period as required by the APA. Though the exact actions that the Justice Department will take are not known, it is anticipated that their stance will be that the President’s actions are not rule making because this is a policy within the power of the President, therefore there should be no requirement for notice or a comment period.

We at Beacon Immigration are confident that the judge’s ruling will be overcome. In the meantime, keep up to date by speaking with a qualified attorney at Beacon Immigration today.

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