Texas Immigration Lawyer Blog

5th Circuit keeps DAPA and expanded DACA on hold

Today the 5th Circuit refused to lift the injunction on Deferred Action for Parents (DAPA) and expanded Deferred Action for Children (DACA+). In a split decision (2-1), the court ruled that the government has not made a case for going forward while the legality of the program is under review in the courts. The Administration may appeal to a full panel of the 5th Circuit or to the U.S. Supreme Court for a stay of the injunction. 

The court ruled that the State of Texas had standing to sue because it would be required to issue driver's licenses to those granted deferred action. 

This decision dealt only with whether to lift the injunction and did not address the legality of DAPA/DACA+. The 5th Circuit will consider the question of legality in July. 

Original DACA is not involved in this suit and will continue. 

 

Immigration Court Backlog Rises to 445,607

A TRAC Immigration report released on Friday shows that the number of cases awaiting resolution in the Immigration Courts has reached 445,607, an increase of 9.2 percent increase since the beginning of the fiscal year (October 2014).

Only 15.7 percent of the backlogged cases involved unaccompanied children. These cases have been declining due to the priority given to these cases on the Immigration Court dockets.

Texas has seen a 58.3 percent increase in cases pending in the Immigration Courts since the beginning of the 2014 fiscal year (October 2013). There were 76,995 cases pending resolution in the Texas Immigration Courts on April 30, 2015. Houston has the largest backlog 31,749 cases pending, and San Antonio is 2nd with 24,216 cases pending.