It has been a month since the Fifth Circuit heard argument in a suit brought by 26 states against President Obama's executive orders proposing to consider deferred action for parents of U.S. Citizens here without documentation, and also an expansion of the Deferred Action for Childhood Arrivals. The hearing was on the federal government's request to stay the stay imposed by the district court. Despite clerking for the U.S. Court of Appeals for two years, and practicing there for another 17 years, I have never seen such a motion.
More importantly, the traditional appeal of the preliminary injunction has been tentatively scheduled for oral argument the week of July 6, 2015. I suspect that we will have some clarity on DAPA by Labor Day.
Nevertheless, persons would qualify for DAPA can still avoid deportation. If you have a criminal conviction which is disqualifying under DAPA, you need counsel now! Many of these convictions can be vacated in state court, and DACA eligibility restored. But this takes time. Don't wait.
More importantly, the traditional appeal of the preliminary injunction has been tentatively scheduled for oral argument the week of July 6, 2015. I suspect that we will have some clarity on DAPA by Labor Day.
Nevertheless, persons would qualify for DAPA can still avoid deportation. If you have a criminal conviction which is disqualifying under DAPA, you need counsel now! Many of these convictions can be vacated in state court, and DACA eligibility restored. But this takes time. Don't wait.