Fifth Circuit Court upholds suspension of Executive Action programs and Obama administration will file an appeal of the decision to the U.S. Supreme Court


The Emerald Isle Immigration Center’s Executive Director Siobhan Dennehy expressed “disappointment but no surprise” that late yesterday a divided three judge panel of the Fifth Circuit Court of Appeals denied the federal government’s appeal of the preliminary injunction that has temporarily stopped President Obama’s deferred action initiatives from being implemented. Finally, however, this decision clears the path for the Obama Administration to take this case to the U.S. Supreme Court. The Obama administration should move quickly to petition the United States Supreme Court for review.

Specifically, the Fifth Circuit Court’s decision continues the hold on the expansion of the deferred action for childhood arrivals program (DACA) and the deferred action program for parents of US citizen and permanent resident children (DACA) which were announced almost one year ago by President Obama. Together, these programs could provide as many as five million immigrants and their families with temporary relief from deportation.

This unfortunate decision is a another setback which will further delay the implementation of these programs. Should the Obama administration file a timely request and the U.S. Supreme Court decide to review the decision by early next year, a final decision will be reached by next summer. Those who qualify under these programs should not be deterred from continuing to gather the necessary documents and information and remain in the United States in anticipation of further more favorable developments in the coming months. Potential applicants should secure reliable advice from qualified immigration counsel and beware of immigration scams.

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