U.S. Supreme Court to Review Obama’s Executive Action – DAPA and DACA Expansion

On January 18, 2016, the U.S. Supreme Court announced it will hear United States v. Texas. This means that the Supreme Court weigh in on the legality of President Obama’s executive action on immigration, specifically the expansion of “deferred action” to certain parents of U.S. citizens and residents (Deferred Action for Parents of Americans & Residents – “DAPA”), as well as to individuals who were brought to the United States as children Deferred Action for Childhood Arrival (DACA).

The DAPA and expanded DACA programs are estimated to provide limited immigration relief to upwards of 4 million people residing in the United States.

The DAPA and expanded DACA programs were announced by President Obama in November of 2014 as a part of his administration’s executive action on immigration. However, the programs have been on hold since February 18, 2015, after 26 Republican led states sued to enjoin the program, and the Federal District Court of Texas issued an injunction, temporarily enjoining the federal government from implementing the programs.

In November 2015, the Fifth Circuit Court of Appeals upheld the lower court’s injunction. With the Supreme Court’s acceptance of the case for review, immigration advocates are optimistic that the programs will finally be permitted to move forward in the second half of 2016.

The Court will hear the government’s arguments on the legality of the DAPA and expanded DACA programs in the spring of 2016 and will issue a decision in the June of 2016.

For more information on the status of the DAPA and expanded DACA programs, please contact Kolko & Associates, P.C.