The Fifth Circuit upheld the decision of the Texas federal judge that prevented the immigration measure Obama tried to implement without legislation. To renew the billing, DAPA would have given parents of US citizens a lawful presence for three years if they had not been in any trouble. It was not amnesty.
This was a close call, even for me, who is very pro-immigration. The biggest danger I see our country is facing is a Congress that has been neutered. This ruling was a step in the right direction.
On the other hand, DAPA really didn't do that much new. Currently, if a person immigrated here illegally, has lived here seven years without getting into any trouble, has a child who is a US citizen, if the immigrant gets picked up and charges are brought to deport the Immigramt, then the government will exercise its discretion not to prosecute the immigrant and the immigrant gets a three year work permit. This has been going on for a very long time, long before Obama was in office, and there was no congressional approval.
All DAPA did was skip the very expensive step of picking them up and charging them. Without being an expert in when it is discretion and when it is a policy decision for Congress, my initial reaction was there is no difference from the new policy and what they are already doing.
The decision was a split decision right down party lines (which is unfortunately the sad state of affairs). I'm sure the government will petition to have this heard en banc, meaning all of the judges in the Fifth Circuit will hear the case now. I don't know what the split of political affiliation is, but I'm sure that is what will decide it.
Wit all of that said, Congress needs to introduce a bill and allow DAPA to move forward.