Lower Court Holding in Texas v. United States
Decision of the Fifth Circuit U.S. Court of Appeals
The United States appeals a preliminary injunction, pending trial, forbidding implementation of the Deferred Action for Parents of Americans and Lawful Permanent Residents program (DAPA). Twenty-six States challenged DAPA under the Administrative Procedure Act (APA) and the Take Care Clause of the Constitution; in an impressive and thorough memorandum opinion and order issued February 16, 2015, the district court enjoined the program on the ground that the States are likely to succeed on their claim that DAPA is subject to the APA’s procedural requirements. Background In June 2012, the Department of Homeland Security (DHS) implemented the Deferred Action for Childhood…
