What does the Supreme Court’s tie vote in United States v. Texas mean for DAPA and expanded DACA?

The Supreme Court issued its ruling in the case U.S. v. Texas on June 23, 2016. The case is about whether President Obama’s two most recent immigration relief initiatives, Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) and an expansion of Deferred Action for Childhood Arrivals (DACA+), may be implemented.

The Supreme Court did not reach a majority decision in U.S. v. Texas. Instead, when the Court’s justices voted on the case, the result was a 4-4 tie (four in favor of the U.S.’s position in the case, four in favor of Texas’s position). The tie vote means that the DAPA and DACA+ initiatives continue to be blocked by the Texas district court’s preliminary injunction.

But the issue of whether or not DAPA and DACA+ are legal has not been ultimately decided. In the coming months, immigration advocates will continue to fight for the DAPA and DACA+ initiatives.

This case does not challenge the original 2012 DACA initiative and does not directly affect it. People who are eligible under the original DACA initiative can continue to apply for DACA or to renew their DACA if they already have it, just as before the ruling issued on June 23.

More information about the 2012 DACA initiative is available at https://www.uscis.gov/humanitarian/consideration-deferred-action-childhood-arrivals-daca and http://www.nilc.org/issues/daca/.

You can also check out this video: https://www.youtube.com/watch?v=KldEEU8vKus

By Alejandro Delgado | July 27, 2016

Legal Developments