States Asked To Be Released from Texas Judge's Immigration Injunction - Why It Matters

Something potentially very significant happened last night in the ongoing debate over the President’s recent immigration reforms: 14 states asked a higher court to release them from the Texas judge’s injunction that is preventing DAPA and DACA expansion from proceeding.

This is important for whatever the merits of the case brought by Texas and 25 states that led to the injunction, that the injunction was applied to 24 states who did not join the suit and do not believe they were harmed by the President’s seems to be a clear and unsustainable overreach by Judge Hanen of Texas.   

As the case moves to the 5th circuit, it is important to note that there at least two separate legal tracks emerging.   As I’ve written elsewhere, the core of Judge Hanen’s decision was legally weak and is likely to be overturned.   That process could take months.   But on the question of whether to release the 24 states who have claimed harm and did not join the current suit, that decision could come much sooner as there simply is no legal basis to block the implementation of the President’s reform in these states who want the reforms to take place. 

This also means that this debate will start to move to the political realm.   Will for example, the GOP’s new US Senate candidate in California, Rocky Chavez, support his state’s call to be released from the injunction or does he support Judge Hanen’s decision? And what about in Iowa, a state who has been asked to be released?  Will the 2016 GOPers publically challenge this decision?  Will prominent GOPers in the 14 states who have filed an amicus brief come out in support of their state or will they oppose?   Lots of fun ahead.

But as I’ve said, I am confident the President will win in the courts and his reforms will be implemented this year.   What may happen sooner, however, is that the 5th circuit may release some states from the injunction, allowing these reforms to begin to be implemented soon, perhaps as early as this spring. 

Some additional background:

 "DOJ asks Appeals Court to Lift Order Blocking Immigration Programs," Elise Foley, Huffington Post, March 12, 2015. 

"Battle Over Obama Actions on Deportations Suddenly Heats Up," Greg Sargent, Washington Post, March 12, 2015.

"California Can Upend Texas Immigration Case," Francis Wilkinson, Bloomberg View, February 26, 2015.