What’s Happened So Far?
In January, the Supreme Court agreed to review United States vs. Texas, the lawsuit blocking implementation of DAPA and DACA+.
In February, both sides submitted their briefs to the Court — the Department of Justice on our side, and the Attorney General of Texas, representing the 26 GOP Governors and Attorneys General, on the other side.
A little over one week ago, lawyers for the Department of Justice and the State of Texas each presented their cases before the eight justices.
Outside the courthouse, hundreds of immigrant families and their allies rallied in support of DAPA and DACA+ (see some of our favorite images here), while the anti-immigrant response (featuring Rep. Steve King and Rep. Louie Gohmert) flopped.
What’s Happening Next?
Last Friday, the eight justices of the Supreme Court held a private conference, where they each cast their respective votes on United States vs. Texas.
While we will very likely not hear a decision on the case until the end of June, we could hear from the Court much sooner, perhaps within weeks, under one possibility — a 4-4 ruling.
Under a 4-4 ruling, the Court would let the 5th Circuit’s ruling stand, meaning DAPA and DACA+ would be blocked — but, importantly, where and how it is blocked remains a question.
Leading legal experts, including David Leopold, have warned of the judicial chaos that would stem from a 4-4 decision. For example, some legal analysts believe a 4-4 tie means the injunction would only be valid in the 5th Circuit (Texas, Louisiana and Mississippi.)
In other circuits, lawsuits could be brought to lift the injunction and implement DAPA and DACA+, resulting in a patchwork of availability to the programs. Also, the case would also continue in Judge Andrew Hanen’s court, where he would issue a final ruling that would then also, no doubt, be appealed.
The other scenario is that the Court rules in our favor and against the 26 states, allowing the Obama Administration to begin taking steps to implementing DAPA and DACA+ for millions of undocumented immigrants.
The Court has no definite date set aside for a decision in our favor, but it would most likely come around the final few weeks of June.
As we’re waiting, we’ve compiled key resources on United States vs. Texas and the people whose lives are directly impacted here.
We’ve also updated our shareable graphic to help educate our community about what’s next for DAPA and DACA+: