The U.S. Supreme Court issued a disappointing 4-4 decision in a lawsuit that challenges President Barack Obama’s 2014 immigration relief programs for undocumented parents and undocumented youth. With a split decision, an extension to Deferred Action for Childhood Arrivals and Deferred Action for Parents of Americans and Lawful Permanent Residents remain blocked.

DAPA, a relief for undocumented parents of U.S. citizen or legal resident children, and DACA II, an extension to Obama’s 2012 protection for DREAMers, would have protected at least 5 million people from deportation and would have allowed them to work. 

In February 2015 a coalition of 26 states, including Arizona and led by Texas, sued the Obama administration, accusing the president of abusing his power by ignoring Congress in an administrative process to change immigration rules, according to an article by The New York Times. The White House has argued that presidents in both political parties have used similar executive actions and applied them to the country’s immigration laws, The New York Times reports. 

Federal District Court Judge Andrew S. Hanen of Texas issued a preliminary injunction blocking the implementation of DAPA and extended DACA. The Obama administration appealed, and a three-judge panel of the U.S. Fifth Circuit Court of Appeals eventually upheld the injunction. The administration then took the legal battle to the Supreme Court, where it took months to hear a ruling.

“Today’s non-decision in the DAPA case leaves the legal questions about the president’s immigration authority unanswered. But by leaving in place the injunction issued by the district judge, today’s 4-4 tie has a profound impact on millions of American families whose lives will remain in limbo, and who will now continue the fight,” said a media statement by Cecilia Wang, director of the American Civil Liberties Union‘s Immigrants’ Rights Project. The ACLU was part of an amicus brief filed with the Supreme Court, urging for DAPA and extended DACA to be given the green light. “In setting the DAPA guidelines, President Obama exercised the same prosecutorial discretion his predecessors have wielded without controversy, and ultimately the courts should hold that the action was lawful.”

Center for American Progress President and CEO Neera Tanden issued the following statement in response to the Supreme Court’s ruling:

With today’s 4-4 split in United States v. Texas, an estimated 4 million immigrants will remain vulnerable to deportation, and more than 6 million U.S. citizens will continue to live in fear of the deportations of their loved ones. Today’s ruling is a stark reminder of how the obstruction of Senate Republicans continues to negatively affect millions of Americans and their families. DAPA and expanded DACA are important, commonsense policies that were blocked first by a politically motivated lawsuit and then by a do-nothing Senate. We cannot let the partisan, political effort to prevent the Supreme Court from fully functioning continue.

Not moving forward with these initiatives is a loss for millions of families, as well as for the economy since the nation will continue to lose $29.9 million in GDP each day without them. The 1.6 million DAPA-affected individuals who will be eligible to vote in the upcoming elections will hold Republican leaders accountable for not only keeping millions of family members in the limbo but also preventing the Court from doing its job.

While the Court struggles to function, a highly qualified and respected nominee awaits action from Senate Republicans, who refuse to give him a hearing or a vote. Tomorrow marks the 100th day since Merrick Garland was nominated to fill the vacancy, and it is time for Senate Republicans to give him a hearing and a vote. This is the latest example of how the Washington dysfunction created by Republicans in Congress is hurting real people around the country.

I was born and raised in Guatemala City, Guatemala. I moved to Tucson about 10 years ago. Since I was old enough to enjoy reading, I developed an interest in writing, and telling stories through different...

11 replies on “Supreme Court’s Split Decision on DAPA, Extended DACA Lawsuit Fails to Protect Millions of Undocumented Parents, Youth”

  1. Laws are laws, no matter how much you want to break them for your own gain. Remember the SC is the law of the land. If Hillary replaces Scalia, she can subvert our laws.

  2. Parents came to USA illegal and had children ; as far as I’m concerned those anchor babies are illegal as well. They ( those anchor babies) should not be US citizens- they are illegal just like their parents. Deport all of them back to their country!!!

  3. A good decision!!!! In truth, the only logical option; if you believe in the US Constitution.

    NOW — how do we rid the US of millions of illegals who have come to feel entitled to all the country has to offer. Hope the incoming Trump team will allow the existing laws to be enforced. This would be a great beginning.

  4. I think the Republicans should hear the nominee. But I’m happy with this decision. In fact I can’t see how 4 judges managed to vote the other way. How can you possibly allow the President to set immigration policy with no input from Congress? Unless you’re just blindly partisan, it makes no sense.

  5. This was a good beginning, after letting the immigration question just sit there for more years the president brought it back into light and I guess now that is all that matters. It’s sad that people still don’t understand that people have come to this country to make a better like. They don’t understand the reasons those families left their, the majority of people live in poverty, or fear for their lives due to the cartels that run their country. People in this country are lucky that they’ve never had to experience any of that, neither them nor their family members. Immigrants bring in millions of dollors to millions of businesses so people can’t really say that they’re taking away from this country. It’s funny to see all these people that see somethiing bad happen across the world and appear to be sad and post it all over the social media to pray for they world yet when it comes to the people they’re surrounded by they want to kick them out of their country. Like I said I understand that breaking the law is illegal but have a little more sympathy towards people. And I’m sorry they are such a burden to your life.

  6. This is what too much immigration has done to California:
    ‘’33% of the nation’s welfare recipients are Californians – even though California has just 12% of the nation’s population.  California taxes are 42% higher than Texas.
    http://www.forbes.com/sites/thomasdelbecca…

    Several hospitals, including ones in Stockton (40% Hispanic & Bankrupt), CA and Dallas, TX, report as many as 70% of their deliveries are to nonUS-residents. Similarly, the parents of infant citizens still qualify for welfare in order to protect the child.
    http://www.huffingtonpost.com/michealene-c…

    Hispanics drive US population growth! http://usatoday30.usatoday.com/news/nation…

    52,673 US 2007 Household Income INCLUDING CA
    52,250 US 2013 -$423. US Drop in Household income between 2007 and 2013

    62,280 California Household 2007 They have their OWN Inflation going on.
    60,190 income 2013 – $2,090. California Drop in Household Income between 2007 and 2013

    5 TIMES larger drop in household income in California than the rest of the nation INCLUDING CALIFORNIA!
    The total cost over this first generation of immigrants is estimated at a staggering $6.3 trillion in terms of total lifetime government benefits over and above the taxes the immigrants will pay in.

  7. That all said, we can not strengthen somebody else by weakening ourselves. England wants their borders and their destiny back.

    Americans just may figure this out.

    Remember how the Dems cried about a litmus test for nominees? Four judges voting for Obama to violate the USC passed their litmus test.

    Hillary’s days are numbered, as a viable candidate unless she changes her stripes.

    The middle class want borders returned and economy rebuilt.

  8. “In her first reaction to the news from Britain, Clinton immediately took a swipe at Trump, though not by name. She called for Americans to respond to the vote by pulling together “to solve our challenges as a country, not tear each other down.”-CNN(?)

    Two chameleons , one article.

    “At this point what difference does it make?”

    Madam Secretary,….. a lot.

Comments are closed.