Litigation of the DACA+ and DAPA Programs

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Litigation of the DACA+ and DAPA Programs United States v. Texas: Litigation of the DACA+ and DAPA Programs Melissa Hastings Policy Analyst USCCB/MRS

Overview of DACA+ and DAPA Removes age cap Extends deferred action/work authorization Revises cut-off date for entry DAPA: USC or LPR child Resided in U.S. since January 1, 2010 Physically present in U.S. Not enforcement priority

Photo Credit: S.D. Texas Website Background of Case Plaintiffs: Texas and 25 other states Injury: Economic harm (fees for driver’s licenses) Requested Relief: Injunction Also moved for a preliminary injunction Photo Credit: S.D. Texas Website

Background of Case (cont’d) Decisions Below: Key Issues: Standing Administrative Procedure Act Notice and comment rulemaking Arbitrary & Capricious Take Care Clause Feb. 16, 2015 – Judge Andrew Hanen issues preliminary injunction https://www.nilc.org/wp- content/uploads/2015/12/order-in- TX-v-US-2015-02-16.pdf Nov. 25, 2015 – decision by Fifth Circuit Court of Appeals upholding order http://www.ca5.uscourts.gov/opinio ns%5Cpub%5C15/15-40238-CV0.pdf

Supreme Court Decision April 18, 2016 - Oral argument June 23, 2016 - 4-4 split Fifth Circuit decision remains in place No precedent set by Supreme Court http://www.supremecourt.gov /opinions/15pdf/15- 674_jhlo.pdf Photo Credit: JOSHUA ROBERTS / REUTERS & Huffington Post

Effects & Next Steps President Obama’s remarks: https://www.whitehouse.gov/blog/2016/06/23/president-obama- supreme-court-ruling-immigration-reform 2012 DACA is not directly impacted Request for rehearing 25 days to file Return to S.D. Texas Decision on merits Parallel litigation