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

2. 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

3. 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

4. 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
content/uploads/2015/12/order-in- TX-v-US pdf
Nov. 25, 2015 – decision by Fifth Circuit Court of Appeals upholding order
ns%5Cpub%5C15/ CV0.pdf

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

6. Effects & Next Steps
President Obama’s remarks: 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