This past Tuesday, May 26th, the Fifth Circuit Court of Appeals issued a decision regarding the 2014 immigration programs of Expanded DACA and DAPA. It was not the news I was hoping for, though it is not a shock since the Fifth Circuit is known to be conservative.
The Court said that Expanded DACA and DAPA cannot begin while there is an on-going court case.
Remember, there is still a lawsuit that says that President Obama overstepped his authority when he created these immigration programs. There has been no decision on that case – there hasn’t even been a hearing. I don’t know when a final ruling will happen on that. It could be months from now.
President Obama’s administration could decide to appeal this decision to the U.S. Supreme Court, but even if they do, it will still take several months for a ruling to be issued.
For now, unfortunately, it seems that until there has been a final ruling on whether President Obama had the authority to create these programs, we will have to wait for Expanded DACA and DAPA.
Don’t give up hope. Tuesday’s decision was disappointing, but it is not fatal.
I still believe that the President acted within his power to create these programs and that when the case is heard, millions of undocumented immigrants will be able to apply for relief. We must continue to be patient and remain optimistic – even when faced with such discouraging news.