A New York Dreamer eligible for President Obama’s DAPA executive amnesty has filed a lawsuit challenging the scope of Judge Andrew Hanen’s injunction. The lawsuit claims that since the Supreme Court did not reach a decision on the case no national precedent was set and that the DAPA injunction should only apply to the 26 states involved in the original DAPA lawsuit.
The lawsuit is being brought by Batalla Vidal, a undocumented immigrant whose three-year work authorization was revoked when Judge Hanen ordered the national injunction against Pres. Obama’s executive amnesty.
“When I first filed for DACA, I was excited to get a three-year work permit and move forward with my life,” said Batalla Vidal, a member of Make the Road New York who is studying to be a medical assistant and also works to help support his family. “That was taken away by one judge in Texas, and it’s not fair for me and for thousands of others affected. I’m filing this lawsuit for myself and the thousands of others like me who have been wronged by this judge’s decision.”
However, Vidal claims that the 5th Circuit Court does not have the authority to impose a nationwide injunction and that other circuit courts should not bound by the ruling.
“[The U.S. Citizenship and Immigration Services] erred in revoking Mr. Batalla Vidal’s employment authorization based on an overly broad injunction entered by a court in Texas that lacked jurisdiction to reach New York residents,” the lawsuit said.
This lawsuit could determine if DAPA recipients outside of the 5th Circuit Court’s jurisdiction could still qualify for the program. DAPA would grant undocumented immigrants access to work permits and social security cards, which would qualify them for other state and federal benefits.
Read more on this story at the National Immigration Law Center.