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Court upholds injunction on Obama's immigration programs

Foreign-born individuals living in South Carolina may be following the legal dispute over President Obama's executive immigration actions. In a 2-1 decision that was made on May 26, the U.S. Court of Appeals for the 5th Circuit voted to uphold the injunction on the executive actions that has been in place since February.

The Justice Department sought to have Obama's executive immigration actions implemented pending the appeal of the February injunction. Had the injunction been lifted, thousands of undocumented immigrants would have been eligible for deportation relief programs like Deferred Action for Parents of Americans and Permanent Residents. An existing program that was created in 2012 called Deferred Action for Childhood Arrivals would have been expanded to include more individuals.

A spokeswoman for the White House commented on the decision, saying that the judges had misinterpreted the law. Although Obama's executive immigration actions have been challenged by 25 states, the White House spokeswoman said that the actions are fully consistent with the law. Texas Attorney General Ken Paxton said that Obama's attempt to drastically change immigration policy without going through Congress violates the U.S. Constitution.

Those who would qualify for deportation relief under DAPA or DACA may be following this case very closely. While it is still unclear whether or not Obama's executive immigration actions will be implemented, an immigration attorney may be able to help an undocumented person to determine how they should handle their own particular issues. Some individuals may have other opportunities to apply for non-immigrant or immigrant visas that are not affected by the injunction.

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