California Dreamer Challenges Nationwide Immigration Injunction
One of the questions often asked about the injunction in United States v. Texas is how could a district court in Texas enter an injunction barring implementation of a nationwide deferred action program. An equally divided Supreme Court affirmed the lower court injunction.
The National Immigration Law Center has filed a new federal lawsuit seeking to reinstate the Obama administration’s immigration relief initiatives, known as Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) and expanded Deferred Action for Childhood Arrivals (expanded DACA), in some parts of the country. Here is the complaint.
The lawsuit, which was filed by a DACA recipient in the U.S. District Court for the Northern District of California is the third to challenge the reach of the injunction in U.S. v. Texas. It follows similar lawsuits by in the Eastern District of New York and the Northern District of Illinois.
The three lawsuits seek to fix a wrong allegedly suffered by thousands of DACA recipients who are not party to the Texas case, and they could open up a new pathway for the implementation of DAPA and expanded DACA outside of Texas, providing relief to millions of families.
KJ