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Supreme Court Ruling

On June 23, 2016, the Supreme Court arrived at a 4-4 decision in United States v. Texas challenging DACA/DAPA that now threatens millions of immigrants with deportation. Because DAPA and the extended DACA were enacted through presidential executive order rather than congressional action, it was highly debated and eventually taken to the courts system. It originated with Texas and 25 other states in their efforts to stop Obama's immigration plans. Early in 2015, a federal district court blocked the programs and an appeals court affirmed the ruling claiming that Obama superseded his authority. Because of the Supreme Court decision, the case will be remanded to the highest appeals court. The decision does not affect DREAMers who qualified for the original 2012 DACA initiative but could have benefitted from with an increase in the deferral period to three years from two years.

What Does This Mean?

Despite the decision, immigration enforcement should not change drastically since the immigrants a part of DACA/DAPA are generally a lower priority for Immigration and Customs Enforcement (ICE) agency. ICE and Department of Homeland Security will continue to deport undocumented immigrants that have a criminal background or pose as a security threat.


The case could return to the Supreme Court once a ninth judge is approved yet with election year in the midst, there may be delays in the process.

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