Today, the Department of Justice (DOJ) filed an emergency motion of stay pending appeal to the Fifth Circuit Court of Appeals in response to Texas District Court decision halting Deferred Action for Childhood Arrivals (DACA) initiative and the creation of the Deferred Action for Parents of Americans and Legal Residents (DAPA) initiative.
“The district court’s order is unprecedented and wrong. The Constitution does not entitle States to intrude into the uniquely federal domain of immigration enforcement. See Arizona v. United States, 132 S. Ct. 2492 (2012). Yet the district court has taken the extraordinary step of allowing a State to override the United States’ exercise of its enforcement discretion in the immigration laws.”
“In short, the preliminary injunction is a sweeping order that extends beyond the parties before the court and irreparably harms the Government and the public interest by preventing DHS from marshalling its resources to protect border security, public safety and national security, while also addressing humanitarian interests. In contrast, [Texas and the other plaintiffs] will suffer no cognizable harm if a stay is granted.”