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United States v. Texas: The Case for DAPA and Expanded DACA

United States v. Texas: The Case for DAPA and Expanded DACA

scotus deferred actionUpdated: 6/16/17

The U.S. Supreme Court’s 4-4 split decision on June 23, 2016, effectively blocked President Obama’s executive actions on immigration that expanded Deferred Action for Childhood Arrivals (DACA) and created Deferred Action for Parents of Americans (DAPA).

Then, on June 16, 2017, the Trump administration completely eliminated the DAPA program. DHS Secretary John Kelly signed a memorandum that rescinds Deferred Action for Parents of Americans. If it could have been implemented, DAPA could have helped an estimated 3.7 million undocumented immigrants in the U.S. obtain temporary employment authorization and protection from deportation.

There’s still reason for undocumented immigrants to remain optimistic. Immigration advocates and organizations are pushing hard for legislative change that will provide relief to undocumented immigrants already in the United States and positively contributing to the U.S. economy.

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United States v. Texas (DAPA and Expanded DACA) Case Timeline

On November 20, 2014, President Obama announced executive actions that would expand the existing DACA program and create a new program to allow parents of U.S. citizens and permanent residents to remain in the U.S. and work without fear of deportation. The executive actions were challenged in the courts by several states.

On February 16, 2015, a federal judge in Texas blocked these two programs (expanded DACA and DAPA). The injunction meant that the two programs could not be implemented.

On November 9, 2015, the 5th Circuit Court of Appeals in New Orleans reaffirmed the decision. The 2-1 ruling meant that President Obama’s expanded DACA and DAPA programs could not be implemented. The Obama Administration asked the Supreme Court to take the case.

On January 19, 2016, the U.S. Supreme Court agreed to grant cert in the case of United States v. Texas. This means that they will take the case, and a final decision could be made in June 2016.

On April 18, 2016, the U.S. Supreme Court heard oral arguments in the case of United States v. Texas. A decision will determine whether they will unfreeze the DAPA and expanded DACA programs. Learn more about the latest in Fight for Families Enters Supreme Showdown.

On June 23, 2016, the U.S. Supreme Court reached a 4-4 split decision that leaves in place the lower court’s decision. This “tie” effectively kills the executive action for at least the remainder the Obama presidency. DAPA and DACA+ will not be implemented.

On June 16, 2017, U.S. Department of Homeland Security Secretary John Kelly signed a memorandum rescinding the Deferred Action for Parents of Americans program. This move by the Trump administration officially killed the executive action ordered by President Obama in 2014.

What you need to know about DAPA and DACA

  • The court’s injunction does not affect the original DACA program. If you have been granted DACA, it is still in effect. If you are eligible for DACA but never applied, you may apply. If you need to renew DACA, you may still renew it.
  • The court decision has stopped the implementation of the expanded DACA program.
  • The court decision has stopped the implementation of the new DAPA program.

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