Split decision on DAPA and expanded DACA, what you need to know
In a 4 to 4 decision, the Supreme Court of the United States upheld the nationwide injunction for DAPA and expanded DACA that would have provided temporary relief for 4.5 million people.
The Court announced that it was unable to reach a decision in the case United States v. Texas. That means the ruling of the Fifth Circuit Court of Appeals stands. No one will be able to apply for DAPA or expanded DACA.
This decision means that the case will be sent back to the Fifth Circuit Court of Appeals where the conservative federal judge in Brownsville, Texas will decide on the merits of the case itself. There is wide acceptance that the judge will rule against DAPA and DACA there as well.
While this is a setback, remember that the DACA program from 2012 is still very much active and undocumented youth must continue to apply to receive temporary deferral from deportation and work permit.
Since this was a split four to four decision, we also still have legal avenues available. The case can come up to the Supreme Court again, either through a request for a rehearing by the Department of Justice or through an appeal on the decision based on the merits - rather than the injunction that was at hand today. We will continue to explore these and other legal options.
The ball is back in the court for President Obama. His record breaking deportation numbers have run unabated and the use of immigration raids have struck terror in immigrant communities. We will call on President Obama to end these injustices against our community. At the same time, we’ll be focusing on president candidates to recommit and provide answers on how they will provide relief for undocumented immigrants.
In the meantime, learn how to form MigraWatch groups in our cities to teach, know, and exercise our rights. We can form volunteer groups to run the nationwide MigraWatch Hotline (1–844–363–1423), where we can report ICE and Border Patrol activity.