DAPA and expanded DACA update

On April 7, 2015, the Fifth Circuit issued an opinion dismissing Crane vs. Napolitano, which involved a challenge to the Obama Administration’s 2012 DACA program brought by the State of Mississippi and several ICE agents.  In Crane, the Court ruled that plaintiffs were unable to meet the “standing” requirement, meaning that they were unable to show that DACA caused them “concrete and particularized” injury.

This decision is significant and may impact the outcome of the pending challenge to the Administration’s DAPA and expanded DACA programs.  The Crane decision emphasized that courts should not engage in politics and that a plaintiff State may be unable to meet the standing requirement specifically for that reason. Meanwhile, also on April 7, 2015, U.S. District Judge Hanen refused to stay the original injunction of the DAPA and expanded DACA programs (see here).   The Fifth Circuit will have a hearing on Judge Hanen’s stay refusal on April 17 and thereafter will address the injunction directly.

The Administration’s expanded DACA and DAPA programs were scheduled to go into effect on February 18, 2015 and May 20, 2015, respectively. Approximately five million DREAMers and parents without lawful immigration status await resolution on the injunction.