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January 20, 2016 Practice Points

Deferred Deportation Granted Certiorari

The U.S. Supreme Court granted cert in <i>United States v. Texas</i>, where the Fifth Circuit upheld an injunction against the administration's program providing for deferred deportation for certain illegal immigrants.

By Access to Justice Committee – January 20, 2016

On January 19, the U.S. Supreme Court granted certiorari in United States v. Texas, No. 15-674, regarding the Fifth Circuit’s upholding of an injunction against the administration’s deferred deportation program. In November 2014, the Department of Homeland Security issued a memorandum, referred to as a “Guidance,” providing for deferred deportation and for work permits for illegal immigrants who have been in the United States at least five years and are parents of U.S. citizens or of legally permanent residents. The questions presented concern the Article III standing of states; issues under the Administrative Procedure Act, 5 U.S.C. § 500 et seq.; and the nature of the guidance as arbitrary and capricious or otherwise not in accord with law. Petition for a Writ of CertiorariUnited States v. Texas, No. 15-674 (Nov. 2015).

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