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SCOTUS Will Not Rehear DAPA Case

This week, the U.S. Supreme Court dealt a significant blow to the hopes of millions of undocumented residents across the country: in its routine orders for the 2016-17 session, the court has revealed that it has rejected the White House's petition to rehear United States v. Texas, the lawsuit that blocked the Deferred Action for Parents of Americans and Lawful Permanent Residents program (or DAPA).

As Think Progress reports, the rejection was noted in the second to last page of the routine orders and likely will end speculation on whether or not DAPA can be enacted. After the court produced a 4-4 tie on the matter this past summer, the Obama Administration had asked the justices to rehear the case once a ninth justice joined the court—a reconsideration that has now been rejected.

DAPA's Tumultuous History

In late 2014, President Obama announced DAPA and considerable expansions to the Deferred Action for Childhood Arrivals program (DACA) to help protect millions of undocumented U.S. residents who have built their lives in our country from deportation. The program was immediately unpopular with Republicans and the state of Texas filed a lawsuit claiming that implementing DAPA would be too expensive. Twenty-five other states would eventually co-sign that lawsuit, known as United States v. Texas.

A federal judge halted the implementation of DAPA until the matter could be settled. When the suit was before the Supreme Court, the justices did not seem convinced of Texas' financial claims but were more confident that the program was an abuse of executive power.

Ultimately, their votes were split 4-4, a rare SCOTUS tie that allows the lawsuit to stand. Many have credited the resistance President Obama has faced from Republican lawmakers in adding a ninth Supreme Court justice for the court's inability to render a more decisive decision.

If you believe you are eligible for DACA (which is still active) or have another urgent immigration law matter, Berry Appleman & Leiden LLP is ready to speak with you. Or knowledgeable and committed Lake Charles immigration lawyers are well-acquainted with the hurdles immigrants and undocumented residents face and are ready to offer effective and compassionate advocacy towards meeting their legal goals.

Don't face your immigration matter alone. Contact our offices today.