Texas Decision at Odds with Legal Precedent, History and Facts on Immigration Enforcement

Texas Decision at Odds with Legal Precedent, History and Facts on Immigration Enforcement

February 17, 2015

Washington D.C. - Late last night, a Texas judge issued a preliminary injunction that temporarily blocks the implementation of President Obama’s new deferred action initiatives. These initiatives, announced last November, came in response to more than 10 years of political stalemates and failure by Congress to address America’s broken immigration system and alleviate the pain endured by millions of families around the country. The President’s announced initiatives will provide temporary relief from deportation to approximately 5 million undocumented immigrants currently living in the United States.

The new deferred action initiatives, which include Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) and an expansion of Deferred Action for Childhood Arrivals (DACA), are based on the well-established authority of Presidents and other executive branch officers to allocate and prioritize finite enforcement resources. This practice is used by prosecutors and other law enforcement personnel on daily basis. The judge’s order, issued just two days before the government was set to begin the DACA expansion, bars federal immigration officials from implementing “any and all aspects” of the new deferred action initiatives.

The following is a statement by Melissa Crow, Legal Director at the American Immigration Council:

“Today’s decision is only the first round in what will clearly be a much longer legal battle. Already, the White House has promised that the Justice Department will appeal the judge’s decision, and we urge them to do so in an expedited manner. We expect higher courts to overturn the judge’s decision based on well-established precedent.

“Today’s decision is more rooted in political rhetoric than legal rationales. It relies on a distorted view of overwhelming evidence of the economic benefits of immigration and ignores Supreme Court precedent. It also discounts a long history of recourse to prosecutorial discretion, which has been exercised by every President since Eisenhower. The decision relies on a technical violation of the Administrative Procedure Act (APA) to find that the Administration did not follow proper procedures, while ignoring the fact that the President’s deferred action initiatives are not subject to the APA. While the decision will unfortunately delay critical efforts to address our broken immigration system, the need and the demand for reform has never been greater. We remain confident that it is a question of when, not if, these programs will take effect."

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For more information, contact Wendy Feliz at [email protected] or 202-812-2499.

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