The battle over the implementation of the Deferred Action for Parents of Americans or Lawful Permanent Residents (DAPA) program and the expansion of the Deferred Action for Childhood Arrivals (DACA) program is back in court.
The Federal Court of Appeals for the Fifth Circuit in New Orleans has already named the judges who will hear the case, and it is not good news. Once again the panel will be composed of two Republicans and one Democrat.
In addition to the judge Carolyn Dineen Kingthe two conservative federal judges were once again selected. Jerry Edwin Smith and Jennifer Walker Elrodwho in May voted against lifting the temporary block on the implementation of DAPA and the expansion of DACA.
The panel will hear oral arguments next July 10 to determine the legality of judge Andrew Hanen's order that in February temporarily suspended the implementation of migratory reliefs ordered by President Obama by means of its executive action.
Since Elrod and Smith had already participated in the previous hearing on the case, it was expected that other judges would be selected. But with these two judges on the appeals panel, it is very likely that the Fifth Circuit Court, considered the most conservative appellate court in the nation, will rule against the legality of President Obama's executive actions.
If so, the case could be elevated to the U.S. Supreme Court.