I’ve been working under the assumption for weeks that the White House would immediately seek to lift the injunction the Texas judge was presumably going to issue in the DACA/DAPA lawsuit. I learned yesterday, however, that there was a major debate going on in the White House regarding whether they were going to bother or just fight it out in court and get the whole case dismissed (which would take months). Why? Apparently, there was concern that losing a second time would demoralize immigrants and Democrats. Maybe so, but not seeking to lift the stay also makes it sound like you lack confidence in your case – a very strong case. Happily, the White House announced today that it would file its paperwork to fight the injunction no later than Monday. So we ought to know in a couple of weeks what the 5th Circuit wants to do. By the way, I think the conventional wisdom is wrong about the 5th Circuit and the likelihood they will side against the President. I think they may be more conservative as a general rule, but they’re not overly political like Judge Hanen and will give the matter a fair hearing.

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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One Response to White House Will Seek to Lift Injunction on DACA Program

  1. Don Riding says:

    It is said the President’s Actions were based on his authority to use Prosecutorial Discretion. I was a manager with the INS and USCIS for 29 years. I received almost yearly training on the use of prosecutorial discretion. When I was transferred from the INS to USCIS I was told I would have very limited use of prosecutorial discretion. The reason is easy to understand. In the INS I had authority over law enforcement agents and had prosecutorial authority not to make an arrest, or not to place an illegal alien in deportation proceedings. Prosecutorial discretion means not taking an action. When I moved to Homeland Security and USCIS, I was told that prosecutorial discretion could never be used as the reason for granting a benefit. Therefore, President Obama can decide not to arrest and deport illegal aliens, but prosecutorial discretion cannot be the reason to give them legal status and a work permit.

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