Fifth Circuit Court of Appeals Disappoints Once Again Next stop: Supreme Court

Novem­ber 10, 2015
Con­tact: Lak­sh­mi Sridaran,

SAALT is out­raged by the Fifth Cir­cuit Court of Appeals deci­sion last night to block the expand­ed Deferred Action for Child­hood Arrivals (DACA) and Deferred Action for Parental Account­abil­i­ty (DAPA) pro­grams, key com­po­nents of Pres­i­dent Oba­ma’s exec­u­tive action on immi­gra­tion issued last Novem­ber. This fol­lows the Fifth Cir­cuit Court of Appeals deci­sion in May to main­tain the injunc­tion on expand­ed DACA and DAPA issued by Judge Hanen of the South­ern Dis­trict Court of Texas in Feb­ru­ary.

“Once again, the imple­men­ta­tion of these much need­ed pro­grams that five mil­lion undoc­u­ment­ed immi­grants, includ­ing 200,000 Indi­an Amer­i­cans and count­less more South Asians, could ben­e­fit from has been delayed and pos­si­bly jeop­ar­dized alto­geth­er,” said Lak­sh­mi Sri­daran, Direc­tor of Nation­al Pol­i­cy and Advo­ca­cy at SAALT. “We are encour­aged by the U.S. Depart­ment of Jus­tice’s com­mit­ment to take this case before the Supreme Court. While it will be at least Jan­u­ary of next year before the Supreme Court makes a deci­sion on whether to take this case, we urge the Oba­ma Admin­is­tra­tion to stem the tide of depor­ta­tions in the mean­time.”

“We con­tin­ue to stand with immi­grants who deserve the right to stop liv­ing in sec­ond-class sta­tus, attend col­lege, work above the table for fair wages, and be reunit­ed with their fam­i­lies,” said Suman Raghu­nathan, Exec­u­tive Direc­tor of SAALT. “Pres­i­dent Oba­ma is ful­ly with­in his legal author­i­ty to imple­ment exec­u­tive action on immi­gra­tion, and it is essen­tial these pro­grams be per­mit­ted to pro­ceed, espe­cial­ly due to Con­gress’ repeat­ed fail­ure to act on immi­gra­tion.”

We hope this mis­guid­ed deci­sion does not dis­cour­age indi­vid­u­als from apply­ing for the orig­i­nal DACA pro­gram that launched in 2012 and con­tin­ues to be avail­able. Over half a mil­lion young peo­ple have already ben­e­fit­ed from DACA.