Temporary Injunction Does Not Apply for the Proposed H-4 EAD

A Federal judge in Texas has issued a temporary injunction against the implementation of DAPA and the expanded DACA program, which would provide relief to millions of undocumented parents of U.S. Citizens and Permanent Residents. These provisions are aimed at protecting unauthorized immigrants from deportation.

Specifically, the temporary injunction issued by U.S. District Judge Andrew Hanen, prohibits the federal government from carrying out programs that would grant deferred action and work permits to unauthorized immigrants. The immediate impact will most likely delay the application process of the new program while the case moves forward.

Noticeably, the temporary injunction does not cover any of the employment based provisions announced by the President as part of his plan to fix the legal immigration system. Therefore, this decision will not halt employment based provisions, including the H-4 EAD rule that is now nearing the end of the rule-making process. One of the major complaints about the order to issue relief to over 5 million undocumented immigrants was that the Administration did not run the orders through the rule-making process.


Reddy & Neumann, P.C. is an immigration law firm in Houston, Texas. For over 15 years, our firm has successfully represented corporate clients across the United States in their efforts to bring foreign workers and business professionals to the United States. Reddy & Neumann, P.C. is highly experienced in working with employment-based visas, adjustment of status, green cards, and PERM labor certification. From filing, through approval, and on to appeal, we do everything possible to ensure that your company can bring the best and brightest in the world to the United States.