The Supreme Court Ruling on DACA
On Thursday June 23, the Supreme Court of the United States, unveiled the decision on the case of the Executive Action granted by the President Barack Obama. Millions of people were waiting for this announcement that would define the future of the controversial DACA and DAPA programs.
The vote by the Supreme Court on the deferred action programs, known as DAPA was tied 4 to 4. For this reason, The Texas court’s ruling blocking one of the president’s deferred action programs remains in place. In other words, the DACA and DAPA continue to be blocked. This announcement is definitely bad news: It is estimated that 4 to 5 million people who could benefit from this immigration measure, wont be able to do so at the moment. However, this decision does not affect those who have already applied to DACA and DAPA up until now. DACA remains in force for all the people who entered the United States before age 16 and have continuously resided in the United States since June 15, 2007 to the present.
Why is the Supreme Court ruling important?
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On December 3 2014, two weeks after the Executive Action was announced, a group of 26 states led by Texas (24 of them ruled by Republicans including North Carolina) filed a lawsuit challenging the legality of DACA and DAPA. The lawsuit argues that Obama overstepped its executive power, and executive action violates the Constitution.
On February 16 2015, the district court of Texas stopped the enforcement of DACA and DAPA while continuing to study in full the demand of the 26 states. The lawsuit against President Obama continues. The programs DACA and DAPA can not continue until the case against President Obama is resolved. Since this immigration measure would affect many people, the Texas district court decided to suspend DACA and DAPA until a final decision is reached. The Supreme Court had the option to affirm or reverse the decision of the Texas court, but due to a tie vote, the Executive Action remains suspended.
The Supreme Court ruling may perceived as a victory for the Republicans. Their party definitely wants to stop at all costs the Executive Action and they are using all the tools to stall the process. On the other hand, The people directly affected by the court’s ruling are millions of Latino families who could take advantage of the immigration benefit granted by Obama.
At our law firm, Velasquez & Associates, we are convinced that President Obama will win the lawsuit filed against him in Texas. It is difficult to know when, but the Executive Action could get reinstated in a couple of months or no later than next year.
Remember to stay calm and to stay informed to avoid being deceived by scammers. Note that if you were eligible for DACA under the rules announced in June 2012, you will not be affected by the Supreme Court’s ruling and you may continue with your initial DACA application and renewal process.
Questions and concernsFor a confidential consultation to discuss your immigration needs with an experienced and committed immigration attorney, please contact Velasquez & Associates.
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