Without any explanation, the US Supreme Court gave Pres. Barack Obama’s immigration initiatives another blow as it denied last Oct. 3 a petition to rehear United States v. Texas, also known as the DAPA and DACA+ case.
Back on June 23, the High Court came to an even 4-4 decision on the preliminary injunction placed by the lower Texas court and upheld by the Fifth Circuit Court upon DAPA and DACA+ essentially putting a stop to these programs in the whole country. The evenly split decision came about because the High Court was missing its ninth member following the death of Justice Antonin Scalia early this year.
On July 18, the Department of Justice filed with the US Supreme Court a petition to rehear the case and argued that although it was exceedingly rare, the Supreme Court had granted a rehearing in the past where the prior decision was issued by an evenly divided court and that it “appeared likely that upon reargument a majority one way or the other might be mustered.”
It is a disappointing decision for the millions of undocumented immigrants who have been waiting for DAPA and DACA+ to provide them a reprieve from deportation and an authorization to work. Many immigration advocates are also saddened by this news.
However, the American Immigration Lawyers Association (AILA) through its President William A Stock remains optimistic. “This case is far from over. Once a more complete record of the merits of Texas’ claims is created, we are confident that when the case is once again back on the Supreme Court docket, the Court will show appropriate deference to the executive branch and not legislate from the bench by enjoining this program permanently,” said Stock.
DAPA would have temporarily deferred deportation for those who have a US citizen or LPR son or daughter as of November 20, 2014 and who have continuously resided in the US since January 1, 2010 but with no lawful immigration status. As long as they had no criminal convictions and have passed a background check, these undocumented immigrants could benefit from DAPA.
DACA+ eliminated the age requirement of DACA and pushed the arrival date to January 1, 2010. It must be recalled that DACA was first introduced by the Department of Homeland Security (DHS) back in 2012. Under this program, those under 31 years old on June 15, 2012, have arrived in the US before becoming 16, have continuously resided from June 15, 2007 to the present, are either in school, have graduated or completed high school or a general education development (GED) certificate, or are honorably discharged veterans of the US Coast Guard or US Armed Forces and have not been convicted of a felony could have deferred action or deferred deportation.
With immigration policy being among the salient battleground in this year’s presidential elections—with the two parties clutching the opposite ends of the pole, undocumented immigrants cannot rest easy. While Democratic presidential candidate Hillary Clinton promises to continue Pres. Obama’s immigration initiatives, the denial of the rehearing could also affect any further steps she may take. There is also Republican presidential candidate Donald Trump’s incessant vow to put a stop to Pres. Obama’s initiatives because of what he deems as a railroading of the country’s immigration laws.
(Editor’s Note: REUBEN S. SEGURITAN has been practicing law for over 30 years. For more information, log on to www.seguritan.com or call 212-695-5281.)