There is much speculation that Deferred Action for Parental Accountability, DAPA, is dead. However, this is not the case. As noted by the 5th Circuit, DAPA “would provide legal presence for illegal immigrants who were parents of citizens or lawful permanent residents. The United States District Court for the Southern District of Texas, Andrew S. Hanen, J., 2015 WL 648579, granted a preliminary injunction in favor of the States who brought an action under the Administrative Procedure Act to put a halt on DAPA until it was subject to comment by the States.
In Texas v. U.S., 2015 WL 3386436 (May 26, 2015), the 5th Circuit panel refused to lift the stay on DAPA reasoning that “[e]njoining the implementation of DAPA until it undergoes notice and comment could prompt DHS to reconsider its decision, which is all a litigant must show when asserting a procedural right.”
There is no assertion made by the States nor the Majority of the three judge 5th Circuit panel that the ultimate goal of DAPA in conferring “lawful presence” to millions of undocumented individuals is unlawful. Rather, the States merely want an opportunity to be heard on the implementation of the policy. The panel ruled in favor of the States for the time being
noting that the states bear many of the consequences of unlawful immigration and seek only to be heard in the formulation of immigration policy before substantial costs are imposed upon them.
The bottom line is that DAPA is not dead. It will just take additional time to be implemented. Oral arguments are scheduled to begin in early July. We will learn more about the future of the President’s use of Executive Action as it relates to the implementation of DAPA after oral arguments.