EXPANDED DACA AND DAPA UPDATE: Supreme Court Tie Blocks Obama Immigration Plan

The Supreme Court announced a 4-4 decision in a case challenging President Obama’s plan to shield as many as five million unauthorized immigrants from deportation and to allow them to work in the United States. The decision leaves in place an appeals court ruling blocking expanded DACA and the DAPA executive order.

The case revolved around an executive action that expanded the Delayed Action for Childhood Arrivals (DACA) program and added the Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) program, which, together, would have protected undocumented immigrants brought to the United States as children, as well as undocumented immigrants who are parents of American citizen children, from immediate deportation. Instead, immigrants who qualified for the programs would have been eligible to apply to stay in the country for three years, and able to work legally. The action was challenged by 26 states, led by Texas, who asserted that the action overstepped the bounds of executive power and violated the Constitution. A Texas judge issued an injunction preventing the action from going into effect, which was upheld by the 5th U.S. Circuit Court of Appeals.

The 4-4 tie by the Supreme Court means that, though the injunction is upheld, the ruling does not set a binding precedent for future legislation.

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