Monday, April 13, 2015

Fifth Circuit Argument in Texas v. United States on Friday

On April 17—this Friday, the U.S. Court of Appeals for the Fifth Circuit will hold a hearing on the U.S. Department of Justice’s emergency appeal of the injunction that is blocking the expanded deferred action programs from going forward.   

In this National Immigration Law Center video about Texas v. United States, Staff Attorney Alvaro Huerta explains briefly what it means and what you can do to stay informed and prepare for when the DAPA and expanded DACA initiatives are allowed to go forward. 

UPDATE (April 14):  The Fifth Circuit has posted the following about oral arguments in Texas v. United States: 

The Clerk’s Office, as directed by the court, provides the following information regarding oral argument in State of Texas, et al v. USA, et al (No. 15-40238).

On Friday, April 17, 2015, the court will hear oral argument in this case in the West Courtroom, Room 265, of the John Minor Wisdom United States Court of Appeals Building, 600 Camp Street, New Orleans, LA. The argument will begin promptly at 10:00 a.m. The Court is allowing each side one hour for argument.

We will reserve a number of seats for credentialed members of the press. Press should contact Geralyn Maher ( or 504-310-7630) before 11:00 a.m. CST on Wednesday, April 15, to request reserved seating.

Others wishing to attend the argument should be at the main entrance to the courthouse on Camp Street by 9:00 AM on April 17. At that time, court staff will issue seating numbers to those in line. In the event of inclement weather, staff will issue numbers inside the building. Those receiving seating numbers are not allowed to give them to anyone else or hold places in line.

As seating in the West Courtroom is limited, the court will broadcast a live audio feed of the argument into the two other courtrooms, for the benefit of any visitors who do not receive seats in the West Courtroom. We also will make recordings of the argument available online within one hour of the conclusion of the argument.

All visitors must show photo identification and undergo a thorough security screening to enter the courthouse. To decrease the screening time required, we encourage visitors not to bring any electronic devices into the courthouse. No signs, placards, or messages on clothing are permitted in the courthouse.

The panel for the argument is composed of Judges Jerry E. Smith (appointed by President Reagan), Jennifer Walker Elrod (appointed by President George W. Bush),  and  Stephen A. Higginson (appointed by President Obama).  Think Progress opines that the panel tilts conservative, which suggests a rough ride for the United States.  The panel will need to address the decision  earlier this month in Crane v. Johnson, dismissing on standing grounds an action by the stet of Mississippi and Immigration & Customs Enforcement officers challenging the DACA program.  The panel that decided that case included Judge Priscilla Owen, a well-known conservative judge.


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