By now, you may have seen that the U.S. Supreme Court issued a disappointing decision today in US v. Texas. That decision can be found here: www.supremecourt.gov. The decision consists of a single line: “The judgment is affirmed by an equally divided Court.”
This means that the Court split 4-4, which leaves the Fifth Circuit decision, upholding the District Court’s nationwide injunction of DAPA and expanded DACA, in place by default. (Statement from the New Jersey Alliance for Immigrant Justice.)
While this is certainly disappointing to all of us, especially 4 million people living in the U.S. without documents who might have benefitted, it is hardly a surprise. Even had Justice Scalia not died, leaving the 4 – 4 division within the court, it is almost certain he would have voted against the administration.
However, as President Obama said in his comments on the ruling, it is not anticipated that there will be an immediate impact. It does not affect the DREAMers who will continue to be covered; nor will the people who would have been eligible for DAPA rise to a higher priority in the immigration and customs enforcement deportation policy.
So–we keep on fighting for a sane and fair immigration policy, and assisting those who continue to fall into difficulties because of the erratic nature of that policy.