Earlier this week on Feb 16th, 2015 there was a federal judge who issued a temporary injunction against recent Nov 2014 Executive Action on Immigration by President Obama. There has been some confusion around this temporary injunction and our most awaited H4 Visa EAD rule that is at its last step. Let me clarify that in this article.
Before we jump in, what is an Injunction?
Well, in common man’s terms, injunction is a legal term used for court order. This injunction (court order) prevents someone from doing the action that they plan to do. Technically, in our context, the federal judge in Texas issued a temporary court order against the president Obama’s execution action on immigration that was released in Nov 2014.
What is the temporary injunction really filed for? What does it impact ?
The temporary injunction by Texas and other 25 other states is that, president Obama has overstepped or used more of his given authority and gave more than he is supposed to in November 2014 executive action on immigration. It does not affect everything that is part of the immigration action, but only two programs:
- Deferred Action for Parents of Americans (DAPA ) : It includes 4 million people who have been in USA since 2010 and have a child, who are a citizen or permanent resident.
- Expanded Deferred Action for Childhood (DACA) : It provides relief for people who were brought to US as children.
It is beyond our blog readers’ context to go into details of the above listed two programs.
Does the temporary injunction Impact H4 Visa EAD Rule ?
Simple answer: NO, it does not impact the H4 visa EAD rule. I know, how hard the wait has been for all the H4 Visa holders for this rule, there is nothing to panic or worry on this. There are two reasons for that, firstly it was initiated before the president Obama issued his immigration action in November 2014 and secondly, the injunction clearly tells that it only includes implementation of above listed DAPA and Extended DACA. You may read the below references for more understanding.
Do you have any different thoughts to share on this ?
Any other information that is important to share ?
- Injunction Official Order Document
- DHS Official : Statement by Secretary Jeh C. Johnson on DAPA and DACA
- Wall Street Journal : Court Injunction Document by 26 states
- Wall Street Journal : Federal Judge Stalls Obama Immigration Action
- 1 min 17 seconds minute Video by the Secretary Jeh C Jonson.