3 ms·
I'm not even sure where to begin. 1. There is plenty of distinction from the Fifth Circuit decision - for example DAPA and expanded DACA deal with folks presen
by diebeforei485 7y ago
I'm not even sure where to begin.
1. There is plenty of distinction from the Fifth Circuit decision - for example DAPA and expanded DACA deal with folks present in the country illegally, while H-4 spouses have legal status. Another distinction is that the H-4 work authorization is interstitial - it only applies to those with an approved green card petition, and bridges the gap until the green card is received. That does not apply to DAPA.
2. That Fifth Circuit case was never decided on its merits - it just upheld a preliminary injunction from the district court.
- masonic 7y agoThat Fifth Circuit case was never decided on its merits - it just upheld a preliminary injunction from the district court. That's all the Courts of Appeal ever do; they don't retry the testimony or evidence of a case in search of its "merits". What distinction are you trying to make?