The U.S. Supreme Court today issued a 4-4 ruling on the case of U.S. v. Texas, leaving a lower court’s preliminary injunction on President Obama’s immigration executive actions intact. The injunction prohibits the Administration from expanding on the existing Deferred Action for Childhood Arrivals (DACA) program and establishing the Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) program. This effectively leaves these programs in limbo.
In a one-sentence ruling, the justices simply said, “The judgment is affirmed by an equally divided court” — a sign that the court was sharply at odds along ideological lines.
President Obama announced an expansion of DACA and DAPA in 2014, prompting a lawsuit by the state of Texas and 25 other states claiming that he had overstepped his executive authority. The U.S. District Court for the Southern District of Texas issued a temporary injunction against implementation of the expanded programs last year; the U.S. Department of Justice later filed a petition for the U.S. Supreme Court to hear its case to remove the injunction.
Advocacy groups were quick to voice their disappointment at the decision.
César J. Blanco, Latino Victory Project interim director, issued the following statement: “We are extremely disappointed in the court’s inability to reach a decision on this case. While this tie doesn’t set precedent, it is a setback for millions of immigrant families, mixed status families, and U.S. citizens who will remain living in constant fear of being separated from their loved ones. But the fight isn’t over; DACA and DAPA are constitutional, common sense, and pragmatic programs that are consistent with decades of executive actions taken by past Presidents on both sides of the aisle, and we will continue exploring all legal options available to ensure the well being of our families. We are confident this case will make it back to the Supreme Court and be heard by a full panel of Justices who can issue a clear decision.”
The split ruling brought into sharp focus the importance of the Courts future composition and the fight ahead to confirm Justice Antonin Scalia’s replacement.