skip to content

Texas v. United States permanent injunction (July 16, 2021)

  • Organization: US District Court for the Southern District of TX Brownsville Division
  • Date Created: Friday, July 16, 2021
  • Attachment(s): PDF

The Plaintiff States have requested vacatur of the Deferred Action for Childhood Arrivals (DACA) program and a permanent injunction against its continued operation.  

Factor One. As discussed in the section on standing in the memorandum and opinion, the Plaintiff States have demonstrated that they have suffered an irreparable injury.
Factor Two. The injury to the Plaintiff States is derived from the creation of and the continued operation of the DACA program. Only its cessation would alleviate that injury, and monetary damages are inadequate to do so.
Factor Three. In this factor, the Court considers only the hardships as between the plaintiff, Plaintiff States, and the defendant, the Government, the party being enjoined. Ceasing the DACA program would not impose a significant hardship on the Government.

Factor Four. The public interest of the nation is always served by the cessation of a program that was created in violation of law and whose existence violates the law.

With respect to DACA recipients who obtained that status on or before the date of this injunction and DACA renewal applications for these existing recipients (regardless of when the renewal applications are submitted), the order of immediate vacatur and the permanent injunction (but not the order of remand) are temporarily stayed until a further order of this Court, the Fifth Circuit Court of Appeals, or the United States Supreme Court.

 

Topics:
  • Administrative Relief
  • Deferred Action
  • Other Immigration
  • Judicial Review