BREAKING NEWS: Supreme Court 4-4 on DAPA/DACA ruling

The Supreme Court issues its ruling today on DAPA/DACA case that was before it, and was split 4-4 on whether to uphold the temporary injunction issued by the lower court or to overturn it.  Since it is an even split, the lower court decision to implement the temporary injunction blocking the implementation of these programs remains in effect.

In case you forgot, or did not know, the Obama was sued over the expansion of DACA and the implementation of DAPA.  DAPA, or Deferred Action for Parents of Americans and Permanent Residents, was an exercise of prosecutorial discretion in providing a temporary relief from deportation to the Parents of certain US citizens and permanent residents, who were in the US legally, to remain in the US with a work authorization card.  DACA, or Deferred Action for Childhood Arrivals was an exercise of prosecutorial discretion in providing a temporary relief from deportation from certain person who arrived in the US as children.  When originally implemented, this applied only to those who were currently under the age of 31.  Obama “expanded” this to everyone who met the other conditions, regardless of their current age, and it is this expansion that was brought to court.  The lower court, while not issuing a final opinion as of yet, did issue a temporary injunction against DAPA and the extension of DACA.  The Federal Government appealed the issuance of that temporary injunction to the Supreme Court.

It is important to remember, that this ruling was ONLY about the temporary injunction, not about the underlying case itself (i.e. they were not ruling on whether the President can issue such policies or not) but just about the issuance of a preliminary injunction by the lower court.  It is still a clear blow to those awaiting relief under these presidential policies, but there is still the possibility that the lower court finds that the policies are constitutional and they are allowed to go forward.  We will have to see.  We will certainly update you as things progress.

If you have any questions leave a comment below or send me an email.  Please remember, as always, this blog does not offer legal advice. If you need legal advice, consult with a lawyer instead of a blog. Thank you.


Author: Adam Frank, Esquire

I am an immigration attorney with over 20 years of experience. I was graduated from Brandeis University undergrad in 1990 and then spent a year traveling around Central America. In 1991 I began attending the University of Baltimore School of Law and was graduated in 1994. I began working in Immigration Law in 1998 when I joined a small law firm and, in 2000 opened my own firm with my law partner Ed Leavy. Sadly, Ed passed away in 2011. I am still a partner in my own firm with my current partner Brendan Delaney. Our firm is Frank & Delaney Immigration Law, LLC.

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