AILA’s Advocacy Action Center allows you to advocate for legislative and policy reforms consistent with AILA’s principles and priorities.
Get InvolvedThe brand-new 18th edition of Kurzban's Immigration Law Sourcebook is now shipping.
Order NowLearn how to tackle challenges like finding and retaining affordable staff, working better in a hybrid or remote environment, when and how to raise fees, and much more.
Register NowAILALink puts an entire immigration law library at your fingertips! Search the AILALink database for all your practice needs—statutes, regs, case law, agency guidance, publications, and more.
AILA Doc. No. 18050231 | Dated August 31, 2018
After the Supreme Court issued its decision, in the U.S. District Court for the Southern District of Texas in State of Texas, et al, v. United States, Judge Hanen issued an order stating, “Pursuant to this Court’s stay order, this case will remain ‘stayed until 30 days after [today]. At that time, the parties are to file a joint status report setting out their respective positions given that ruling and an agreed schedule to resolve this matter.”
Today, Judge Hanen declined to issue a preliminary injunction halting DACA. In the interlocutory appeal order, Judge Hanen summarized the decision by stating that the "Court did not grant the preliminary injunction as it found that the States had delayed seeking this relief for years, that the balance of private interests fell in favor of the denial of the requested relief, and that implementing the relief at this point in time was contrary to the best interests of the public." However, Judge Hanen also stated that the plaintiffs "have clearly shown" that DACA is likely unlawful.
For media coverage, check out this CNN article: Texas judge says he'll likely kill DACA -- but not yet.
Today, Judge Hanen held a preliminary injunction hearing on whether to issue a nationwide injunction, but did not issue an immediate ruling and asked for legal briefs to be submitted by Monday, August 13, 2018.
For more information, including upcoming key dates and other potential developments, please visit the National Immigration Law Center's DACA Litigation Timelineand CLINIC's Reminder that Upcoming Court Decisions Could Impact DACA.
For background information and media coverage, check out this NPR article: Immigration Debate Shifts To Texas Judge Who Blocked 2015 DACA Expansion and read this Vox article: DACA is in a state of legal limbo. Now a Texas judge might rule to kill it.
Plaintiffs file an amended complaint for declaratory and injunctive relief.
Several DACA recipients filed a motion for leave to intervene in the case. (Texas v. United States, 5/8/18)
The states filed a motion for a nationwide preliminary injunction to prevent the federal government from implementing the 2012 memo that created the DACA program by issuing or renewing DACA permits in the future, stating that this "would essentially wind down the program over two years." (Texas v. United States, 5/2/18)
Texas and six other states filed a lawsuit against the federal government in federal district court, challenging the 2012 executive action that created the DACA program and seeking an injunction against the issuance or renewal of any DACA permits in the future. The district court judge to whom this case is assigned, Andrew Hanen, is the judge who issued the 2/16/15 injunction blocking the implementation of DAPA and the expansion of DACA. (Texas v. United States, 5/1/18)
Cite as AILA Doc. No. 18050231.
American Immigration Lawyers Association
1331 G Street NW, Suite 300
Washington, DC 20005
Copyright © 1993-
American Immigration Lawyers Association.
AILA.org should not be relied upon as the exclusive source for your legal research. Nothing on AILA.org constitutes legal advice, and information on AILA.org is not a substitute for independent legal advice based on a thorough review and analysis of the facts of each individual case, and independent research based on statutory and regulatory authorities, case law, policy guidance, and for procedural issues, federal government websites.