It’s been 10 days since the 5th Circuit Court of Appeals held oral arguments on whether a temporary injunction blocking DAPA and expanded DACA should remain in place.  Since no decision has yet been made as to whether the President’s executive action may proceed, many undocumented immigrants sit in limbo and wait in anticipation.  For anyone interested in the discussion, I recommend that you listen to the oral arguments.  I commend Judge Stephen Higginson for taking an adversarial approach and challenging both sides with legitimate and important questions.  I was disappointed in Judge Jennifer Elrod who took more of a one-sided attack on the federal government while at the same time virtually arguing on behalf of the states.   At one point it appeared as if Judge Elrod caught herself and switched gears when she realized she was going down a path that could be supportive of the federal government’s arguments, yet she freely inserted commentary in support of the states whenever possible.  Judge Jerry Smith, who was already expected to be critical of the executive action program, was more or less an absentee in the discussion.  Liberal or conservative, Judges should do a better job of leaving politics at home and making decisions based on sound law.  At the end of the day, no matter which side of the immigration debate you sit on, the goal of legal proceedings is get the issue right, not to advance your personal or political party’s agenda.  If wrong, the decision will certainly come back soon to bite the prevailing party.