On June 23, 2016, in a 4 to 4 decision, the Supreme Court of the United States upheld the nationwide injunction for DAPA and expanded DACA that would have provided temporary relief for 4.5 million people.
The Court announced that it was unable to reach a decision in the case United States v. Texas. That means the ruling of the Fifth Circuit Court of Appeals stands. No one will be able to apply for DAPA or expanded DACA.
This decision means that the case will be sent back to the Fifth Circuit Court of Appeals where the federal judge in Brownsville, Texas will decide on the merits of the case itself. There is wide acceptance that the judge will rule against DAPA and DACA there as well.
While this is a setback, remember that the DACA program from 2012 is still active and undocumented youth must continue to apply to receive temporary deferral from deportation and work permit.
Since this was a split four to four decision, it means it does not set precedent and there are still legal avenues available. The case can come up to the Supreme Court again, either through a request for a rehearing by the Department of Justice or through an appeal on the decision based on the merits - rather than the injunction that was at hand today.
We strongly encourage you to schedule a consultation with us if you have any questions about DAPA.