As I noted a few days ago, Texas Judge Andrew Hanen issued a preliminary injunction and DACA2 cases will not be accepted tomorrow as originally planned. The White House will appeal the ruling and the 5th Circuit will be asked to lift the injunction. If that happens, we’ll be back on track in a few days. If not, the delay could be several months. In the mean time, Congress can decide if this ruling gives them cover to fund DHS for a while. If they’re smart, they’ll use this as the excuse to get out from the extremely unfortunate position they’ve found themselves.

[update: surprisingly, the judge avoided ruling based on constitutional grounds and instead said White House failed to follow administrative requirements for rolling out program. Hope that makes it easier for 5th Circuit to reverse injunction.]

Greg Siskind

Greg Siskind

Greg Siskind is a partner with Siskind Susser, PC - Immigration Lawyers. After graduating from Vanderbilt University, he received his law degree at the University of Chicago. He created the first immigration law web site in 1994 and the first law blog in 1997. He's written four books and currently serves on the board of governors of the American Immigration Lawyers Association. He can be reached by email at gsiskind@visalaw.com.
Greg Siskind
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3 Responses to Texas Court Delays DACA Rollout

  1. Don Riding says:

    Do Republicans even know about this ruling? The stupidity of Congress is that the agency administering DACA2 is USCIS, which is funded by fees and will not be affected by a shutdown. Their employees are not essential, but they are funded by fees, so while DHS law enforcement works without pay, USCIS will work with full pay. During the 1995 shutdown I worked several weeks without pay, while officers doing benefits interviews, whom I supervised, received full pay.

    • Tobias Nojob says:

      mediocre
      Syllabification: me·di·o·cre
      Pronunciation: /ˌmēdēˈōkər /
      Definition of mediocre in English:
      adjective
      Of only moderate quality; not very good:
      http://www.oxforddictionaries.com/us/definition/american_english/mediocre

      That’s a suitable definition for the so-called “Executive Actions” dealing with immigration, announced by President Obama on November 20th, 2014.

      Wondering why the administration’s legal staff were so reluctant to advise the President on issuing an EXECUTIVE ORDER pertaining to immigration, under the grounds of National Security, considering the fact that this nation in legal terms is in a State of War – and in most instances these decrees cannot be reviewed by the courts.

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