Supreme Court deadlocks on Obama immigration actions

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.

“Today is a very sad day for millions of hard-working immigrant families, their friends and allies,”said the National President of the Hispanic National Bar Association, Robert T. Maldonado.   “Our hearts are heavy knowing that many of these families will be torn apart by our broken immigration system. The block on the President’s common-sense immigration actions remains intact for now, but our community will continue to fight, in the lower courts, in the public arena and on Capitol Hill, for the dignity and respect of every person in this great nation of immigrants.
“The HNBA renews its call for the Senate to hold immediate confirmation proceedings for Chief Judge Merrick Garland so that we have a fully functioning Supreme Court. Another day of justice denied is unacceptable to the American people, and has real life consequences today to those affected.”
 Rick Zbur, executive director of Equality California said, “Because of this deadlock, millions of immigrants across the country, including many of the more than a quarter million LGBT undocumented immigrants here in California, will continue to live in daily fear of deportations that rip families apart. This decision underscores the importance of the upcoming presidential election, and a choice between one candidate who is committed to bringing undocumented immigrants into the full life of our communities, and another who calls for the mass deportation of 11 million people. It also highlights the importance of an election whose winner may determine the composition of the Supreme Court and the ultimate outcome of DAPA and DACA. The election will determine whether the country will be governed by a Congress able to accomplish anything, including the enactment of comprehensive immigration reform.”

 

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