TBA Law Blog


Posted by: Christy Gibson on Feb 18, 2015

*By Bruce E. Buchanan, Chair of TBA’s Immigration Law Section

U.S. District Judge Andrew Hanen of Brownsville, Texas has temporarily blocked President Obama’s Executive Actions related to Deferred Action for Parental Accountability (DAPA) and expanded Deferred Action for Childhood Arrivals (DACA), finding that President Obama had overstepped his legal authority.

The White House announced the Justice Department would appeal Judge Hanen’s order to the 5th Circuit Court of Appeals. It may also seek a stay of the Judge’s order.

In the meantime, the Department of Homeland Security stated it would delay accepting applications for expanded DACA, which were set to begin on February 18. This expansion was expected to provide deportation relief to about 270,000 people, who arrived in the United States before their 16th birthday.

In his opinion, Hanen wrote "the states have clearly proven a likelihood of success on the merits" of the case. Hanen wrote it was "disingenuous" for the administration to maintain Obama's actions merely "supplements and amends" current policy. He further stated, "It represents a massive change in immigration practice, and will have a significant effect on, not only illegally present immigrants, but also the nation's entire immigration scheme and the states who must bear the lion's share of its consequences."

The White House, through the Justice Department, argued the executive action fell within Obama's presidential powers.

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*Bruce E. Buchanan is an attorney at the Nashville Office of Siskind Susser, P.C.  He is a graduate of Vanderbilt University School of Law. Bruce is the Chair of the Immigration Law Section.  He writes a blog on employer immigration compliance for ilw.com, located at www.EmployerImmigration.com, and is a contributor toLawLogix’sI-9 and E-Verify Blog, located at http://www.lawlogix.com/blog and HR Professionals Magazine. Bruce may be reached at bbuchanan@visalaw.com or (615) 345-0266.