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Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA), sometimes called Deferred Action for Parental Accountability, is a planned American immigration policy which would grant deferred action status to certain undocumented immigrants who have lived in the United States since 2010 and have children who are American citizens or lawful permanent residents. Deferred action is not full legal status, but in this case would come with a three-year, renewable work permit and exemption from deportation. The program was announced in November 2014 by President Barack Obama, along with a number of immigration reform steps including increased resources for border enforcement, new procedures for high-skilled immigrants, and an expansion of the existing Deferred Action for Childhood Arrivals (DACA) program. Several states have filed lawsuits against the Federal government, arguing that DAPA violates the Constitution and federal statutes. A temporary injunction was issued in February 2015 blocking the program from going into effect while the lawsuit proceeds. == Texas v. United States == In December 2014, Texas and 25 other states, all with Republican governors, sued in the District Court for the Southern District of Texas asking the court to enjoin implementation of both DAPA and the the DACA expansion. On February 16, 2015, Judge Andrew S. Hanen issued a preliminary injunction blocking the program from going into effect while the lawsuit proceeds.〔.〕 The Obama Administration appealed the order for a preliminary injunction and asked the United States Court of Appeals for the Fifth Circuit in New Orleans to stay the district court's injunction pending appeal.〔.〕 On May 26, 2015, the administration's motion for a stay was denied by a three member motions panel with one dissent, meaning that the government could not implement DAPA until the Fifth Circuit ruled on the appeal of the injunction order itself.〔Nakamura, David. (Obama administration won’t seek emergency stay from Supreme Court on immigration injunction ), Washington Post, May 27, 2015.〕 That ruling came on November 9, 2015, with a three member panel of the Fifth Circuit affirming the district court's preliminary injunction, with one dissent. The divided circuit court affirmed the preliminary injunction and ordered the case back to the district court for trial. Judge Jerry Edwin Smith, joined by Judge Jennifer Walker Elrod agreed with the district court that Texas has standing because of the cost of issuing drivers licenses to aliens, and that President Obama’s order violated the rulemaking requirement of the Administrative Procedure Act.〔 The majority made a new finding that the Immigration and Nationality Act “flatly does not permit” deferred action. Judge Carolyn Dineen King dissented, arguing that prosecutorial discretion makes the case non-justiciable, and that there had been “no justification” for the circuit court’s delay in ruling.〔 On November 10, 2015, the Justice Department announced it would ask the Supreme Court to reverse. 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Deferred Action for Parents of Americans」の詳細全文を読む スポンサード リンク
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