SCOTUS Decision on Immigration

President Obama expressed sadness and frustration today after the Supreme Court issued a one sentence opinion telling the world that they could not reach a decision on President Obama’s expanded executive action on immigration for more DACA recipients and the DAPA program for parents of American citizens.

After justice Scalia’s death, the court is split four to four along ideological lines, which resulted in this non-decision. Apparently four justices thought that he was able to do what he had done, and four disagreed.

The effect is that the prior ruling in the U.S. Court of Appeals for the Fifth Circuit will remain in effect, which means that the expansion of the DACA “Dreamer” program and the institution of the DAPA program cannot go forward.

Obama made it clear that his immigration priorities have not changed and that he will not be deporting the people who would have benefited from these programs, leaving them ICE’s lowest deportation priorities.

If you would have benefited from one of these programs and you are not convicted of a crime, it is unlikely that immigration will seek to deport you, but your dream of working legally is dead for now.

It also does not affect the existing DACA program. Our office continues to file new and renewal applications for DACA.

Until we have a presidential election in November and get a new president in January, we’re not going to know which direction this immigration initiative will take.

If Trump is elected, I think the answer is clear.

 

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