From Breitbart News:

“Specifically, between November 24, 2014 and the issuance of the Court’s Order, USCIS granted three-year periods of deferred action to approximately 100,000 individuals who had requested deferred action under the original 2012 DACA guidelines (and were otherwise determined to warrant such relief), including the issuance of three-year EADs for those 2012 DACA recipients who were eligible for renewal,” the administration explains. “These pre-injunction grants of three-year periods of deferred action to those already eligible for 2012 DACA were consistent with the terms of the November Guidance.”

Not sure how this will play out in the Court’s understanding of facts when issuing the injunction and the subsequent decision to accept or deny the government’s motion to stay, and may be a moot point considering DACA has been available since 2012.  However, what is interesting is that the Justice Department never presented this in any filings and are just now doing so.

The Justice Department in the last few years has had a miserable record of malfeasance in litigation, including FOIA requests, New Orleans Katrina prosecutions, and various other misconduct.  It seems as though the President’s lawlessness and unprofessional antics of his legal department continues unabated in its desire to bring immigration reform to cement a dreadful legacy.