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Fifth Circuit to Hear Oral Arguments on Whether to Lift Injunction on April 17

Maria del Carmen Ramos

Maria del Carmen Ramos

Yesterday, the Fifth Circuit granted the U.S. Department of Justice’s (DOJ) request to expedite its appeal of U.S. District Judge Andrew Hanen’s injunction staying President Obama’s immigration actions.

As way of background, a coalition of 26 states (Alabama, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Kansas, Louisiana, Maine, Michigan, Mississippi, Montana, Nebraska, Nevada, North Carolina, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, West Virginia, and Wisconsin) sued the U.S. government in Brownsville, Texas as a result of the President’s Execution Actions on Immigration. Led by Texas, the coalition of states contends that the executive actions on immigration are unconstitutional and would require the states to invest more in law enforcement, health care, and education.

Currently, the Court will hold a hearing on April 17 to consider the DOJ’s challenge to Judge Hanen’s preliminary injunction that has temporarily halted the current administration from implementing the President’s immigration initiatives referred to as expanded DACA (Deferred Action for Childhood Arrivals) and DAPA (Deferred Action for Parents of Americans and Lawful Permanent Residents). Both of these initiatives were suppose to go into effect on February 18, 2015.

If the Fifth Circuit grants the DOJ’s request for a stay of Judge Hanen’s injunction, it would allow both the expanded DACA and DAPA programs to go forward while the legalities of the initiatives are being decided in the courts. It is estimated that these programs would affect about 4 million out of the estimated 11 million undocumented immigrants currently living in the United States. Continue to check back with us for updates on the status of this important immigration decision.

For more information, please contact Maria del Carmen Ramos at 813.227.2252 or mramos@slk-law.com.

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