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[i] (November 20, 2015)

handle is hein.crs/crsmthaafua0001 and id is 1 raw text is: CRS Reports & Analysis Legal Sidebar The Obama Administration's November 20, 2014, Actions as to Immigration: Pending Legal Challenges One Year Later 11/20/2015 On November 20, 2014, the Obama Administration announced that it was taking a number Qf actions to fix what the President has rp eatQdl duerid as a broken immigration system. These actions addressed various issues, from border security to Ileal imnigration to enforcement priori and poliLi, as well as providing certain frm removal to some of the approximately 11 million aliens who are present in the United States without a legal immigration status. One year later, many of these actions ha en im lmente, or are being impltmented, without any legal challenge to the Executive's authority to take such actions. However, several legal challenges are currently pending to actions directly or indirectly called for on November 20, 2014. This Sidebar provides a brief overview of the status of these challenges. Texas v. United States and the Challenge to the Proposed Deferred Action Programs The best known of the legal challenges to the November 20, 2014, actions is likely Texas v. United States, which concerns the permissibility of the Administration's proposal to grant deferred action (one type of relief from removal) to certain aliens who entered or remained in the United States in violation of federal immigration law. Specifically, the Administration proposed expunding its earlier Deferred Action for Childhood Arrivals (DACA) program to encompass aliens who were older or who entered the United States at later dates than the initial DACA beneficiaries, as well as to grant DACA beneficiaries work authorization for three years, instead of two years. It also proposed creating a new deferred action program-widely known as DAPA-for aliens present in the United States without legal status who are the parents of U.S. citizens and lawful permanent residents (LPRs). As discussed in eQrlier Sid r oing, on February 16, 2015, a federal district court enjoined implementation of DAPA and the DACA expansion after finding that Texas and the other plaintiff states were likely to prevail on the merits of their argument that DAPA, in particular, constitutes a substantive rule, but was issued without the notice-and- comment rulemaking generally required for substantive rules under the Administrative Procedure Act (APA). Motions to stay the injunction pending appeal were rejected first by the district court, on April 7, 2015, as noted in this Side-ar; and then by a majority of the U.S. Court of Appeals for the Fifth Circuit on May 26, 2015, as noted in th is idebar. Subsequently, on November 9, 2015, the Fifth Circuit upheld the injunction on appeal after finding that DAPA violates the APA substantively, as well as procedurally. In so doing, the Fifth Circuit went beyond the lower court's analysis to find that DAPA is impermissible because it conflicts with certain provisions of the Immigration and Nationality Act (INA) or, alternatively, represents an unreasonable interpretation of the INA, as explained in this SidQbarpostin . The federal government reportedly plans to apeal this decision to the Supreme Court. A separate legal challenge to DAPA and the DACA expansion, Arpaio v. Obama, was dismissed by the lower courts because the plaintiff was found to lack standing, as discussed in this Sidebar posting. The plaintiff in this case has

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