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Explainer: Fifth Circuit Stays Lower Court Order, Interim Enforcement Guidelines Remain in Effect

Community Explainer
Issue area
Community Advocate
Published: Sep. 16, 2021

Yesterday the Fifth Circuit stayed a district court order that would have halted much of the Biden Administration’s interim enforcement priorities. Though the Fifth Circuit left narrow portions of the order in place, its decision represents a significant blow to the efforts of anti-immigrant state governments to block the Biden Administration’s efforts to set guidelines on the exercise of discretion in immigration enforcement and detention. This explainer discusses the Fifth Circuit decision.