President Barack Obama recently requested that the Supreme Court rehear the case of Texas v. United States, in which the eight justices were split on deciding whether DAPA (Deferred Action for Parents of Americans) should be implemented. This was reported by UPI.
When the executive order was announced in 2014, twenty-five states — led by Texas — filed a lawsuit, claiming the president lacked the authority to implement these changes to immigration policy. On June 23, 2016, the court voted 4-4 on Obama’s executive order, sending the case back to the lower courts. Had the ruling been in favor of Obama, approximately 4 million undocumented immigrants living in the United States would have been given deferred action , preventing them from being deported from the United States and providing them with work authorization. This relief would have been granted to individuals who had resided in the United States for a certain period of time, who had U.S. citizen children, and who had not committed any serious crimes.
On July 19, 2016, a request was filed to re-hear the case. The Justice Department said it wants to wait until a replacement for the late Justice Antonin Scalia was named. Obama has nominated Merrick Garland to replace Scalia, but he has yet to be confirmed. Acting Solicitor General Ian Heath Gershengorn told UPI it is “exceedingly rare for this court to grant [a] rehearing.” The last time such a request was granted was in 1954.
For more information about DAPA, DACA and other paths to establishing legal status, please contact an experienced immigration attorney. When it comes to your status as a legal resident, it is important to act as soon as possible. If you are seeking help on immigration matters or possibly facing deportation, call the experienced attorneys at Bretz & Coven, LLP at (212) 267-2555.