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DHS has extended TPS documentation for 6 countries in compliance with a district court injunction.

 The DHS announced Friday that the validity of TPS documentation of recipients from 6 countries has been extended through January 4, 2021. The six countries affected are El Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal. The expiration dates for Employment Authorization Documents; Forms I-797, Notice of Action; and Forms I-94, Arrival/Departure Record have all been extended. The extension is a result of preliminary injunctions in cases in California and New York. If the injunctions are overturned, TPS will end for all listed countries no earlier than 120 to 365 days after the court decision, depending on the country.

5th Circuit Affirms Injunction

In a 2-1 decision, the Fifth Circuit affirmed the district court’s February 16, 2015, ordergranting a preliminary injunction against DAPA and expanded DACA. AILA President Victor Nieblas expressed disappointment in the decision, stating, “Once again, a Fifth Circuit panel sided with Texas and other states in a politically motivated lawsuit to challenge President Obama’s authority to exercise his constitutionally granted executive power to provide a reprieve from deportation for certain parents of American children and to expand the existing Deferred Action for Childhood Arrivals program.”

Writ filed on Injunction Approval

An article in Politico reports that the Solicitor General of Texas wrote to the Clerk of the U.S. Supreme Court on Monday, requesting an extension of 30 days to file a brief in opposition to the government’s petition for a writ of certiorari, which asks the Supreme Court to overturn the injunction blocking DAPA and expanded DACA. The states’ response to the petition for certiorari is currently due on December 21, 2015. The article notes that the Court is rapidly approaching a point in mid-January when it usually announces the last cases to be heard in the current term.

OBAMA Appeals Injunction of DAPA

Today, DOJ filed a petition for a writ of certiorari with the U.S. Supreme Court, asking the Court to overturn the injunction blocking DAPA and expanded DACA, and arguing that the 26 states challenging President Obama’s executive actions lack standing to do so. The petition states that if the Fifth Circuit’s majority ruling is left undisturbed, it “will allow states to frustrate the federal government’s enforcement of the nation’s immigration laws,” and “will force millions of people—who are not removal priorities under criteria the court conceded are valid, and who are parents of U.S. citizens and permanent residents—to continue to work off the books, without the option of lawful employment to provide for their families.”

Texas Judge wants to dig in with his order against Immigration Reform

Following a new order by U.S. District Court Judge Andrew Hanen in the Texas v. United States litigation, USCIS advised DACA recipients who received a three-year Employment Authorization Document (EAD) that the three-year EAD and DACA approval notice are no longer valid, and reminded recipients to return three-year EADs previously issued to them. The new July 7, 2015, order requires top immigration enforcement officials, including DHS Secretary Jeh Johnson, to appear at a hearing in Texas on August 19, 2015, to discuss the 2,000 three-year EADs that were issued following the injunction on expanded DACA and DAPA

Request to Stay Injunction

The Justice Department, on March 12, 2015, filed an emergency motion for a stay pending appeal, with attachments, in Texas v. United States, requesting that the Fifth Circuit Court of Appeals stay the district court’s nationwide preliminary injunction in its entirety or, at minimum, stay it with respect to implementation in states other than Texas, or states that are not parties to the suit.

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