“The states have satisfied the other requirements for a preliminary injunction,” the opinion states. “DAPA beneficiaries would be eligible for driver’s licenses and other benefits, and a substantial number of the more than four million potential beneficiaries—many of whom live in the plaintiff states—would take advantage of that opportunity.”
The panel also rejected the administration’s argument that halting the program would harm the administration’s ability to prioritize its resources.
“Separately, the United States postulates that the injunction prevents DHS from effectively prioritizing illegal aliens for removal. But the injunction ‘does not enjoin or impair the Secretary’s ability to marshal his assets or deploy the resources of the DHS [or] to set priorities,'” the opinion states.
The next step for the administration will likely be an appeal before the U.S. Supreme Court. But it’s unclear whether the high court, which began its current term last month, has enough time to consider the case.
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