Unprecedented Coalition Ask Court to Reverse Texas Ruling Blocking Immigration Initiatives

Washington D.C. - The Texas federal district court order that blocked parts of President Obama’s executive action on immigration was based on unproven or incomplete presentations to the court and should be reversed, civil rights and immigration advocates argue in an amicus (“friend-of-the-court”) brief in the case of State of Texas v. United States. Texas and 25 other states have sued the federal government to stop the implementation of initiatives that will provide temporary relief from deportation, but advocates maintain the president’s actions are legally sound.

Multiple legal briefs defending the deferred action initiatives were filed Monday with the Fifth Circuit Court of Appeals by a range of advocates, leaders, and elected officials. One of these briefs will be filed on behalf of more than 150 civil rights, labor, and immigration advocacy groups, led by the American Immigration Council, National Immigration Law Center (NILC), and the Service Employees International Union (SEIU).

Briefs also submitted to the court Monday include 15 states and the District of Columbia, 73 mayors, county officials from 27 states, 181 members of Congress, and 109 law professors, law enforcement, faith and business leaders. These briefs discuss the economic and community benefits that result from expansion of the successful DACA program and the new DAPA initiative for parents of U.S. citizens and lawful permanent residents.

“Collectively, the parties in these filings represent more than half of the foreign-born population in our country, which means they have a demonstrated track record of producing inclusive immigration policies,” noted Marielena Hincapié, NILC executive director, during a telephonic press briefing announcing the briefs. “We are confident that we will win because the law is on our side. But we also know that the wheels of justice often move slowly. In the meantime, our message to eligible immigrants and their families is to be patient, continue gathering the necessary documents to apply, save up for application fee, and don’t lose faith," added Hincapié.

“We are undeterred and we will continue in this campaign [to realize the start of the DACA and DAPA programs]," added Denver Mayor Michael Hancock. An early signer of the amicus brief by local officials, the mayor said the filing before the appellate court by mayors and counties has twice as many signers as an earlier brief submitted to the Texas district court. Citing the economic and community benefits that would come from allowing immigrants to come out of the shadows, Mayor Hancock added, “This is about our communities. This is about working with those who have chosen to call our cities ‘home.’”

Rep. Zoe Lofgren, D-CA, said the legal filing by 181 members of Congress argues the Texas court overturned Congress’ decision to give the executive branch authority to set immigration enforcement priorities.

“What the court has done is not only an affront to what the executive has done [in setting priorities] and to the authority we have – well-grounded in law and in precedent – but also an affront to what Congress has done,” Lofgren said. “There are millions of people living in fear, who have made our economy and lived here for decades, whose lives have been turned upside down by an erroneous ruling.”

Some states claimed that the administrative relief will harm them, but the legal briefs argue the judgment was incorrect.

“That is incorrect. The states have to show irreparable harm to get a preliminary injunction; they have not,” Noah Purcell, solicitor general in the Washington state Attorney General’s Office told reporters. “The president’s directives are good for states; they are not harming states.”

The human aspect of the case also was highlighted during Monday’s press call.

“Although I was disappointed by the news that a federal district judge blocked implementation of DACA expansion, I was not disillusioned,” said Jong-Min You, an immigrant from New York who would be eligible for relief under DACA expansion. “I know that eventually, I will be able to come forward and apply for relief from deportation and work authorization, and I’m not the only one. Other Elder Dreamers, along with their parents and millions of others, are ready for the legal battle ahead and for the legal battle to end so that we can finally move forward.”

Rocio Saenz, SEIU international executive vice president, said advocates for expanded DACA and DAPA will never give up.

"The plaintiff states and Republicans who support this lawsuit can ignore the will of their own constituents and immigrants' contributions, but we will continue to defend the immigration action in the courts. We will continue to fight for immigration reform. We will continue to inform future applicants and make sure that when the time comes – and it will come – that every eligible person applies for the immigration action. We are and will continue to send a strong message to the naysayers, to Republicans who stand in the way of progress: We are not the enemy. But we are ready – ready to fight back, ready for the immigration action, and ready to vote,” Saenz said.

“Amici and the government are clearly on the right side of the law, and we are confident that a stay [of the Texas order] will be granted, hopefully by the Fifth Circuit, one day very soon,” said Melissa Crow, legal director of the American Immigration Council. 

A recording of Monday's press call can be downloaded at http://nilc.org/document.html?id=1222​.

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For more information, contact Wendy Feliz at [email protected] or 202-812-2499.