First Track
Administration asked for a stay, 5th Circuit denied. Not the final word from the 5th circuit. Decision was not unanimous.
Legal options for the federal government
- Ask for "en banc" review by the 5th circuit. This would ask for 15 judges to rule (not 3). Not likely for 5th circuit to grant en banc review.
- Take stay denial to Supreme Court - Justice Scalia would have the option to decide on his own, or refer motion to full Supreme Court.
- Ask Supreme Court to narrow the injunction to only TX or only the suing states. 14 states have filed support of the program - they want to see them go forward. Only Texas is suffering a harm that would allow them to bring this lawsuit. There is a strong legal argument that injunction could be limited to TX.
Supreme Court is on recess from end of June - end of September. Earliest hearing - October.
Second Track - Underlying appeal of the original district court decision.
Appeal of the district's decision - still going through. Full hearing on July 6th (tentative date). There is no deadline for when a decision on the appeal could come after the oral argument. There could still be action coming out of the original court in Texas that impacts the case at large
How to Protect Executive Actions
Main opponents are the attorney generals and governors in suing states.
- Promote implementation efforts, info sessions, workshops, etc.
- Encourage people to prepare to apply
- Outreach - rallies, phone banks, press conferences, events that include call to action
- If in a supportive state - make sure it is active support - AG/Governor/Mayor/local officials speaking out in support, participating at your events
- Put a human face on the issue (highlight stories of people who would qualify, stories of DACA recipients and how the program has improved their lives)
- Potential Days of Action - July 6th (Hearing) + June 15th - DACA 3rd Anniversary
Messaging about this decision
- We are disappointed, but we remain undeterred. This was not an unexpected decision.
- This is more of an anti-immigrant attack than a legal conflict.
Other courts, including the 5th circuit, have looked at this and came to the opposite conclusion. Legal scholars and state & city officials have said that this was fully within the President's authority.
- The consequences of this lawsuit are devastating.
- This decision is on the wrong side of the law and the wrong side of history.
- We will continue to protect the important victories we won last November.
- The goal of the lawsuit is to delay and derail important actions.
Other Resources:
Administrative Relief Resource Center
iAmerica
National Immigration Law Center (NILC)