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Texas Court, After Trump Win, Is Asked to Put Immigration Case on Hold

Texas Court, After Trump Win, Is Asked to Put Immigration Case on Hold

The first major litigation effect of the election of Donald Trump took place in a Texas federal district court Friday when the lawyers in the case against the Obama administration’s plan to delay deportation of millions of undocumented immigrants asked the judge to postpone proceedings until Feb. 20.

“Given the change in administration, the parties jointly submit that a brief stay of any further litigation … would serve judicial efficiency and economy so that the parties have a better understanding of how they might choose to move forward,” U.S. Justice Department lawyers wrote in the filing.

The case, Texas v. United States, stems from a challenge by Texas and 25 other states to two deferred deportation programs.

In 2014, the U.S. Department of Homeland Security issued guidance that extended a program created in 2012 known as DACA (Deferred Action for Childhood Arrivals) and created a new program known as DAPA (Deferred Action for Parents of Americans and Lawful Permanent Residents).

Immigrants who meet eligibility requirements would have their deportations delayed for three years and they also would be eligible for work permits and other benefits.

The U.S. Court of Appeals for the Fifth Circuit last year upheld an injunction blocking the deportation plan. The Obama administration appealed to the U.S. Supreme Court which, in June, deadlocked 4-4, returning the case to the district court for trial on the merits.

The injunction will remain in place if the judge grants the motion to stay the proceedings. President-elect Trump would have the option of ending the litigation after his inauguration by withdrawing the guidance that authorized the deportation delays.


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