Lawsuit Puts DACA Expansion On Hold

Categories: Immigration Lawyer Blog San Diego

26 states filed a lawsuit over the DACA program. As a result on February 17th, a federal judge granted an preliminary injunction on the expansion of the DACA program and the upcoming DAPA program. This temporarily halts the planned expansion of the program which was supposed to take effect on February 18th. The injunction does not mean that the Obama administration actions were improper, but it prevents the Department of Homeland Security from implementing them until the court rules on the constitutionality of Obama’s executive order and the procedures that were followed.

The basis of the injunction is purely procedural. White House Press Secretary Josh Earnest stated that the executive actions “are consistent with the laws passed by Congress and decisions of the Supreme Court, as well as five decades of precedent by presidents of both parties who have used their authority to set priorities in enforcing our immigration laws.”

We expect that both the expanded DACA and the DAPA program will still go into effect, but they will be delayed.